In August 2014, Baron & Budd Law Firm filed the first round of state and federal lawsuits on behalf of victims who have been injured after taking a brand name fluoroquinolone (Levaquin, Cipro, Avelox). Click here for more information.
Because of a 2010 Supreme Court decision- Pliva v Mensing- victims who took a generic fluoroquinolone could not be included in the lawsuits. It was frustrating and unjust, but the attorneys who are taking cases have to work within the confines of the law and their hands, at the moment, are tied.
Wouldn't it be great if there was a way to get Pliva v Mensing overturned?
Now there is.
Quinolone Vigilance Foundation Executive Director Rachel Brummert will be speaking at a Congressional hearing on Capitol Hill on March 26.
The following day on March 27 she will give testimony at an FDA Hearing about a proposed rule that would serve to overturn the Pliva. v Mensing Supreme Court decision which currently prevents generic drug makers from being sued for the damage generic medications cause.
Ms. Brummert will urge Congressional leaders and the FDA to finalize the proposed rule as written because it will promote safety by holding generic drug manufacturers accountable, and stress that delaying this measure will lead to further harm.
What can you do to help?
Unfortunately, the American Association for Justice is no longer accepting recommendations for speakers at the FDA Hearing and speakers have already been chosen.
However, the most important thing people can do is click here to submit Public Comments on the FDA website. On the right hand side, you’ll see a button that says “Comment Now” and you can either write it there, copy and paste it there, or attach a document you have already written. Comments will be included in the decision as to whether the rule will pass.
Some guidelines to consider when submitting your Public Comments:
Your story can be as short or as long as you like. We also encourage you to make a statement at the end of your story that includes the following bullet points, but in your own words:
- As someone with first-hand generic drug experience
- The FDA should finalize the proposed rule as written
- The proposed rule warns of hazards of taking generic drugs
- The proposed rule promotes safety by holding generic drug manufacturers accountable
- Delay will only lead to more Americans being hurt
Quinolone Vigilance Foundation and Ms. Brummert are honored to have been asked to participate in this project. During Ms. Brummert's testimonies, she will have the opportunity to speak on behalf of victims who have shared their stories with her.
Generic manufactures profit from making these formulas so there is no reason they should not be held accountable as well. If there is a risk in compounding, they should realize that risk just like any other manufacturer and decide whether it is worth the reward. This will ensure greater care is taken at all levels of production.
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