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8th Circuit Removes Roadblock for Ocella Injury Lawsuits
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A recent decision from the 8th Circuit Court of Appeals has removed a barrier to women filing lawsuits for side effects from Ocella birth control.
Ocella is the generic version of the oral contraceptive Yasmin. Drug manufacturers have taken the position that injured people cannot sue them when their generic drug labels fail to adequately warn of dangerous side effects. The manufacturers claim that federal law requires them to have the same warning label on the generic version of their drugs that originally appeared on the name-brand version, and they cannot add additional warnings. The manufacturers rely on a legal doctrine called “preemption,” arguing that because their warning label has been approved by the FDA, federal law bars lawsuits against them for not warning of side effects not listed on the label.
A recent 8th Circuit Court of Appeals decision rejected this argument. Mensing v. Wyeth (2009). The plaintiff, Gladys Mensing, had developed tardive dyskinesia after taking metoclopramide, the generic form of Reglan. The generic drug manufacturers succeeded in convincing the district court to dismiss Ms. Mensing’s claims against them, but the 8th Circuit reversed. “If Mensing's injuries resulted from their failure to take steps to warn their customers sufficiently of the risks from taking their drugs, they may be held liable,” the Court of Appeals wrote. You can read the entire decision HERE.
Because Ocella is a generic drug like metoclopramide, this decision forecloses manufacturers from making the preemption argument in cases brought by women injured by Ocella. The 8th Circuit is the federal appellate court that hears appeals from federal district courts located in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. This means that when failure-to-warn claims arising from Ocella are filed in federal courts in these states, the manufacturers will not be able to argue that they are prohibited by federal law.
Ocella, Yasmin and YAZ are oral birth control pills that have a heightened risk of deep vein thrombosis (DVT), pulmonary embolism (PE), stroke, heart attack, gallbladder disease, and even death. If you or someone you know has suffered one or more of these side effects, please consider calling the attorneys at DeCarli Law for a free, no obligation telephone consultation. You can learn more about the dangers of YAZ, Yasmin and Ocella HERE. |
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Posted By DeCarli Law on
January 08, 2010 12:04 pm |
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