Tennessee Injury Lawyer Blog

In Tennessee and all over the United States, consumers expect that when they get medicine it will come with appropriate warning labels about the possible side effects they may experience. Consumers also expect that if this is not done properly that the courts will hold companies responsible for these mistakes. However, in some cases this does not happen. If you have suffered a side effect from a medicine that was improperly labeled, you should speak with a Tennessee defective product and dangerous drug lawyer as soon as possible. They will hear your case and work with you to see that you get the compensation you deserve.

In this case, the U.S. Supreme Court ruled that companies that produce generic drugs which amount to seventy-five percent of all drugs given out in America, cannot face a lawsuit under state laws for not disclosing all the risks they know about the drugs they produce. According to federal law, generic drug makers have to use the exact same warning labels as name brand medicine. Some state laws require updates or changes to be made when new information or risks are discovered. This court’s ruling did not seem to care about what the generic drug makers know. State laws have to follow federal laws and federal laws say they have to have same labels, new information or not.

This court’s ruling does not seem to make sense since these federal laws are in place to help make sure generic drug makers do not forget to mention the risks that are on the name brands of the same medicine. The laws are not intended to hide information from consumers. This decision seems to be a bad one considering that safety warnings on name brand drugs should be the same on generic drugs so that no one gets hurt. The only thing that should matter is disclosing known risks about drugs should appear on labels, online, and in communications with doctors to help protect consumers from harm.

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In Tennessee and all across the country and even the world, we have all heard reports about the Depuy hip implant recall and the millions of claims about them since the recall in August of 2010. Many people have experienced pain and problems and even needed additional surgery to fix or replace their implants. If you or someone you love have had pain or hip problems since your implant and think you may have a Depuy hip implant, you should talk to a Tennessee Depuy hip implant recall lawyer right away. They will hear your case and work with you to make sure you get the compensation you deserve.

Online sources have reported that people that have received a defective Depuy hip implant may be allowed to file a Depuy hip implant recall lawsuit. These lawsuits could provide compensation for medical bills, lost wages, as well as for pain and suffering. The implants in the recall are the AS XL Acetabular System and the AS Hip Resurfacing systems which were recalled after they failed at an abnormal rate and put patients at risk of pain and the need for additional surgery. According to information from the recall, the implants were failing at a rate of twelve to thirteen percent in five years.

The Food and Drug Administration has also warned that patients who received the implants could suffer injuries due to the metal on metal design of the implants, including injuries to the soft tissue. According to the FDA when the metal components of the implant rub together, tiny metal ions could be released into a patient’s bloodstream and cause injuries to the heart, nervous system, and thyroid gland. If the Food and Drug administration determines that these designs are a possible high risk, many people could be at risk, including people that may not have experienced problems with their implant failure early on.

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This week Governor Haslam signed a bill limiting non-economic damages to $750,000.00 for people injured by the neglect or even intentional acts of others. It is strange to me that a man who ran for office on promises of making government small has decided that the voters are not smart enough to sit on a jury and determine a fair verdict for the lose of a life. I realize that this blog can sound self serving because my business is pursuing these cases but my feelings are sincere. I truly believe the system works. A juror brings to the system a life of experiences that allows them to determine the difference between a tragic case and a person who is just looking for a windfall. This Tennessee legal system has worked for over 100 years but now our government has decided it is more important to protect a corporation that it is our citizens.

The other bizarre thing about the tort reform law is that it caps punitive damages at $500,000.00. Sure that would be plenty to punish your average small company but do you really think a fortune 500 corporation would care if they lost $500,000.00 if they new the could profit millions on a dangerous drug or product? Throughout history we have seen this happen with asbestos, defective cars & drugs. This law has crippled the one system we had that would allow your average citizen to stand toe to toe with a giant corporation. It is wrong

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