The Cochran Firm Legal Blog

In a growing trend to protect itself from lawsuits against pharmaceutical companies, Wyeth Pharmaceuticals has brought a case before the U.S. Supreme Court asking to prohibit consumers who have suffered from adverse reactions, injury or death caused by medications from filing suit for damages. Essentially, the pharmaceutical companies and device manufacturers are falling back on FDA approval as their defense. They seem to want to hide behind the idea that if the FDA says it’s OK the manufacturers should not be liable when their products fail to work or prove to be dangerous in real-world conditions.

If the Supreme Court rules in favor of the pharmaceutical companies, no American in the country will have the right to compensation. Manufacturers’ obligations to provide safe products may be the one factor that encourages them to produce high quality products. In the absence of liability, manufacturers will have little incentive to ensure the safety of their products.

Currently, Michigan’s 1995 law protecting manufacturers by prohibiting victims of unsafe drugs from seeking compensation is the only one of a similar kind in place, to date. Georgia is currently holding hearings on a similar law to protect manufacturers from product liability claims. But if the U.S. Supreme Court decides in favor of the manufacturers, it will become effective nationwide, placing all Americans at risk without recourse.

The Cochran Firm, with offices throughout the United States, has attorneys and staff who are experienced in investigating and settling cases involving product liability claims. If you have suffered due to a defective product or harmful drug reaction, please contact the personal injury attorneys at The Cochran Firm in Chicago, Illinois for a consultation and case review.

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