Earlier this year we reported on the pending United States Supreme Court decision in a case known as Mutual Pharmaceutical Co. v. Bartlett. The legal matter may have an impact on seniors, because it deals with liability following serious harm caused by medications. Considering that important role that medications play in the lives of many seniors with different ailments, any ruling which impacts one’s ability to recover following adverse reactions to a dangerous drug may affect the legal rights of the elderly community, including manby Illinois nursing home residents.
The Generic Drug Case
This week the Supreme Court finally handed down its ruling in the Mutual Pharmaceutical case (full opinion here). Technically the case hinged on whether federal law prohibited certain state common law rulings in regard to strict liability for harm caused by design defects in generic drugs. That is a bit of a mouthful. Put another way, the decision affects whether a patient who has an adverse reaction to the drug can sue the manufacturer if the drug is a generic version, instead of the name brand version.