Texas Personal Injury Lawyers – Jim Adler & Associates – Blog

In fact, it’s the biggest in years! It means that people hurt by bad drugs can sue drug manufacturers in state court even if labels on the drugs include a federal warning about their potential danger under some circumstances. You might be tempted to say “So what?” But if the ruling had gone the other way – that is, for the drug company involved – millions of Americans would have no right to sue drug companies that hurt them or their loved ones when federal warnings on their drugs are inadequate. Jim Adler, an attorney with 30 years experience in personal injury law, says that the U.S. Food and Drug Administration – the federal agency charged with making sure drugs are safe – is “underfunded and understaffed…” setting up the situation where “…drugs are being tested on the American public.” How did the question end up before the court? A Vermont musician was injected with a drug to relieve migraine headaches even though the warning label said the type of injection she received might cause gangrene. A large portion of her right arm was amputated after the worst happened. Thanks to the U.S. Supreme Court ruling, she can keep the $6 million awarded to her by a Vermont state court.