END Generic Pharmaceutical Drug NightMare “Make America Great Again”
Over the past 20 plus years the United States Supreme Courts, Federal Courts, and District Courts have failed to hold Generic Pharmaceutical Drug Makers liable regardless the nature brought in the American consumer claims, severity of injuries many resulting in death, nor beyond a reasonable doubt proof presented by the injured plaintiffs. Overall the government has nearly made it impossible or almost impossible to hold any Generic Drug Manufacture liable for compensation, in which ultimately violates, Human Rights, Civil Rights, The Bill Of Rights and many more laws, in exchange to provide the middle to lower class American citizen with cheaper more affordable prescription drugs. The most common laws or court examples used to protect these billion dollar drug machines most commonly are, Hatch-Waxman Act. Mutual Pharmaceutical Co. v. Bartlett, PLIVA, INC v. Mensing 131 S. Ct. 2567 (2011) PREEMPTION LAWS. Thus protecting multi-million, billion dollar Pharmaceutical companies such as Teva, Actavis Inc, Mylan Inc, Bertek, Sun Pharm, Aspen, Genpharm, Hospira to from any responsibility nor liability in the matter a drug produced or distributed by the company brings its consumer such harm. This leaves consumers like Camille Baruch who passed away at the very early age of 19 years old, she had consumed the generic form of Roche’s Accutane while in the eight-grade, which then lead to the next six years of life swallowed with numerous surgeries, and daily flu-like symptoms before her traumatic untimely death. Karen Bartlett, who consumed Mutual Pharmaceuticals generic pain drug, was burned, blinded, and disfigured by the manufactures drug yet still denied her 21 million-dollar claim in the Supreme Court. Today we hear of rare yet cases such as Carmen Naomi Watson v. Mylan Inc Pharmaceuticals, (Mylan Pharms, Bertek, Genpharm) case no. 2:16–cv-02449-cm-tjj , 16–3349 (Tenth Circuit of Appeals) the consumer was forced to self-represent as most attorneys no have little to no faith in prevailing against the strict laws of preemption. However in this particular matter that seemingly sets aside from most, the generic drug maker did no denying to the consumers injuries but shockingly did no denying in also failing to provide the consumer with even the “warning insert” required mandated by law. Could this be the generic pharmaceutical drug manufacturer have become some comfortable in being protected under the laws of preemption in the U.S. Courts they are no longer abiding by what once was required. Kansas City, KS District Judge Carlos Murguia ruling proving so, though Magistrate Judge Teresa James felt the pro se claimant stated a valid claim which could prevail ruling in favor of the injured, holding the generic manufacture liable, Judge Carlos Murguia without clear valid reasons ruled other wise dismissing the claim. Will the Tenth Circuit Court of Appeals overturn Murguias’ ruling or will this be hard solid evidence for the American Consumers the “War on Drugs” goes far beyond the dark alleys and cartels but yet even prescription drugs can be just as deadly and its literally congest at your own risk?