A New Hampshire woman who had a rare and gruesome reaction to a generic pain drug will make her case to the U.S. Supreme Court this month, The New York Times reports.That woman, Karen Bartlett, lost two-thirds of her skin after taking Mutual Pharmaceutical ‘s anti-inflammatory drug sulindac, forcing her to spend two months in a burn unit.
She’s legally blind now, and her burn surgeon later described her experience as “Hell on earth,” the Times reported.
Bartlett sued Mutual, which claimed it wasn’t liable for her injuries because, as the generic drug maker, it had no control over the “design” of the drug, according to the Times.
The Supreme Court will decide whether you can sue generics over defective drugs, in a decision that could be huge because most prescriptions are for generic drugs.
The high court already severely limited the ability of people to sue generic drug makers back in 2011, when it ruled generics couldn’t be sued over inadequate warning labels.
This case is different from the 2011 decision, though, because it involves allegations over faulty drugs — not just bad warning labels.
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