An Update from Our Firm about COVID-19

Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner remains fully operational and committed to serving our clients and colleagues throughout the Coronavirus (COVID-19) crisis. As we follow the CDC guidelines and practice social distancing, we remain available for phone consultations and scheduled in-person meetings with both current and prospective clients and colleagues. Please contact our office by email or by calling 713-222-7211 with any questions. We look forward to hearing from you.

Supreme Court to Hear Arguments Over Genetic Drug Maker Liability

The Supreme Court has agreed that it will hear a case regarding whether a generic drug maker can be held liable in product-liability lawsuit claiming a design defect.

The hearing follows a federal court's upholding of a $21 million award to Karen Bartlett, a New Hampshire woman who took a generic anti-inflammatory drug, sulindac, after her doctor prescribed it for shoulder pain. Doctors diagnosed a rare hypersensitivity reaction associated with the drug that developed three weeks after Ms. Bartlett started taking it. Her skin began to peel off, leaving her with burn-like lesions over two-thirds of her body. She spent close to two months in a hospital burn unit, some of that time in a medically induced coma, and has since undergone 13 eye surgeries. The reaction, a severe form of Stevens-Johnson Syndrome, left Ms. Bartlett legally blind, with scarred lungs, and a constricted esophagus that makes it difficult to swallow.

The Food and Drug Administration (FDA) is the federal agency that regulates whether a pharmaceutical can be released to the general public. Often with product-liability lawsuits involving pharmaceutical drugs, the courts have deferred to the FDA decision to allow the drugs to be released to the public and have limited awards to persons who have been injured by those drugs. Mutual Pharmaceuticals, the manufacturer of the generic drug taken by Ms. Bartlett, argues that because the FDA requires that generic drug manufacturers to mimic the design and labeling of the non-generic counterpart of a drug. 

The Supreme Court recently held that generic drug manufacturers are not liable for improper labeling and warning on a drug. If the Supreme Court rules in favor of Mutual Pharmaceuticals, it will make it virtually impossible to hold a generic drug manufacturer liable for injuries caused by their products.

If you or someone you know has been a victim of medical malpractice, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-396-3964 or 1-800-594-4884.

No Comments

Leave a comment
Comment Information
  • $50+ Million Fire & Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Plant Explosion

    The firm successfully represented 270 plaintiffs, taking a lead role in the plaintiffs’ steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Plant Fire & Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Worksite Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm’s client.

  • $12 Million 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $48 Million Catastrophic Burns

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $48 million.

Our Record Of Success

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

Read More Success Stories

Let Us Help You Request a Free Consultation Today

Get Help Now

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to top