More than 131 million Americans use prescription drugs. Studies have shown that there were 2.74 million serious adverse drug reactions in 2014 and around 128,000 people have died from drugs prescribed to them. So, what happens when drug manufacturers fail to warn consumers of dangerous and deadly side effects? Consumers are able to sue the drug manufacturer, but they must come prepared because the drug manufacturer will already have the argument that the consumer’s suit is preempted. A lot of times this argument will force the case to be dismissed, leaving consumers hanging out to dry.
Continue reading “Federal Preemption in Pharmaceutical Cases: What is “Newly Acquired Information?”
