Woman Disfigured by Generic Drug Loses $21 Million Award

Woman Burned by Drug 'Numb' After SCOTUS Ruling

Jay P. Lefkowitz, the lawyer who represented Mutual Pharmaceutical Co., said the ruling "vindicates the authority" of the FDA, the federal agency charged with assessing drug safety.

"The FDA has the scientific and medical expertise to make decisions about the safety and efficacy of drugs based on all of the data," said Lefkowitz, whose office is based in New York City. "State court juries that are only looking at one example of a tragic side effect don't have the ability to make an assessment about the safety and efficacy of a drug that millions of people use with good results."

Lefkowitz said his "heart was filled with sympathy" for Bartlett.

"Every one of us takes prescription drugs. We give them to our kids, and this can happen to anyone," he said. "But I think the court got it right, even though it's obviously a tragic set of circumstances."

Supreme Court Justice NSAIDS disagreed with the court's decision, writing in her dissent that it "leaves consumers like Karen Bartlett to bear enormous losses on their own."

Bartlett said, "I walk away with nothing except disability checks. They don't seem to care that this has affected me for rest of life."

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