On October 6, 2010, the Law Offices of Brian D. Witzer will fight for the right to sue generic drug manufacturers, on behalf of their clients and all people who suffer injuries due to defective generic drugs. On that day, in the Ninth Circuit, the Witzer Firm will argue their clients’ appeal of a lower court’s entry of summary judgment in favor Perrigo Pharmaceuticals (“Perrigo”) based upon federal preemption. The fundamental question raised by the appeal is one of first impression in the Ninth Circuit – whether state-law failure-to-warn claims against generic drug manufacturers are preempted by federal law – particularly in light of the Supreme Court’s landmark decision in Wyeth v. Levine, 129 S. Ct. 1187, 173 L. Ed. 2d 51 (2009). Based on Levine’s clear holding that drug manufacturers are responsible for injuries caused by their defective drugs, are not shielded by preemption, and can be held accountable under state law, the Witzer Firm is confident that the lower court’s decision must be reversed.
The plaintiffs in this case brought suit on behalf of their child against Perrigo – the manufacturers of the generic drug ibuprofen – after their child sustained acute liver injury and renal failure which required an emergency liver transplant. On June 3, 2004, the child underwent surgery to remove two benign moles. During the procedure, the anesthesiologist administered the anesthetic Halothane, a drug known to be “hepatotoxic” (i.e. toxic to the liver). At discharge, the surgeon prescribed ibuprofen and the plaintiffs purchased Perrigo’s over-the-counter 200 mg generic ibuprofen product and gave it to their child as directed.
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