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The Rottenstein Law Group Considers with Trepidation the Dismissal of Claims Against Generic Fosamax Manufacturers in Multidistrict Litigation


(New York, NY, December 5, 2011) The Rottenstein Law Group, which represents clients with claims stemming from the severe side effects of the osteoporosis drug Fosamax, has learned that claims in the Fosamax femur fracture multidistrict litigation have been dismissed against some generic manufacturers of the drug.
Citing the recent United States Supreme Court decision in Pliva v. Mensing, in early October, a group of defendants in the multidistrict litigation concerning Fosamax and femur fractures – MDL No. 2243; Civil Action No. 08-08, In Re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II)-moved the court to dismiss all claims against them on the grounds that, as generic drug manufacturers, they could not be held liable under any legal theory for failing to warn consumers of the dangers of the drug at issue. On November 21, Judge Garrett E. Brown of the United States District Court for the District of New Jersey granted the motion, dismissing six defendants from the action.
The Supreme Court of the United States on June 23 issued its decision in Pliva (case no. 09-993) and two related cases. The majority opinion of the Supreme Court provides, essentially, that a generic drug manufacturer has an “impossibility” defense to a claim that it violated state law (by allegedly failing to include warnings on product labeling) because federal law – which completely pre-empts state law in this matter – requires that the label of a generic drug be the effective equivalent of the label of the name brand drug. The information provided on the label of a brand name drug is decided by the brand name drug manufacturer in cooperation with the U.S. Food and Drug Administration (FDA). A generic drug manufacturer may not, under federal law, change its product’s label unilaterally – making it impossible for a generic drug manufacturer to comply with both a state law that requires disclosure of risks (that are known or should be known by the manufacturer) and the federal regulations set forth by the FDA.
The Supreme Court ruling, argued defendants Teva Pharmaceuticals, Barr Pharmaceuticals, Mylan Pharmaceuticals, and others, compels the dismissal of claims against generic drug manufacturers in the Fosamax MDL. The MDL court agreed, granting the motion over the objection of the plaintiffs.
The Rottenstein Law Group advises anyone with a friend or family member who has been prescribed Fosamax or another osteoporosis drug to recommend to that person that he or she consult a physician immediately, then speak to a qualified Fosamax lawyer. The Rottenstein Law Group lawyers have a total of more than 25 years of experience fighting for the rights of clients who have suffered harm due to the negligence of powerful corporations.  Affected individuals are advised to keep apprised of the latest news concerning the Fosamax femur fracture lawsuits by checking the Fosamax Femur Fracture Lawsuit Information Center for updated information. The site is equipped with easy-to-use social media features which will enable users to spread the word about the dangers of Fosamax.
About the Rottenstein Law Group
The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer product injury, mass tort, and class action law suits. For more information, please visit their Web site, or call (888) 9-ROT-LAW.


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