Legal Question in Product Liability in California
Prescription drug side effects
Is a state law tort claim for failure to warn of prescription side effects empted by federal Law?
2 Answers from Attorneys
Re: Prescription drug side effects
The U.S. Supreme Court is going to rule on this question. Probably the Congress will pass a law that says state tort claims aren't pre-empted.
Re: Prescription drug side effects
Regardless, there are other options. I have worked with such a matter in the past and there are other alternatives, such as false advertising, etc. Have you been seriously harmed? You may contact me for a free consult:
Daniel Bakondi
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