Recently, the U.S. Supreme Court ruled 8 – 1 in favor of the pharmaceutical company Bristol-Myers Squibb Co (BMS) versus the Supreme Court of California, San Francisco County, etc. The dispute involved the California court being allowed to hold the pharmaceutical company responsible for paying customers who sue the company in California, even if the drug was bought and administered elsewhere.
As a result, this ruling will curtail and may eliminate the ability to hold corporations fully accountable for their nationwide conduct.
About the Case
This case involved patients suing BMS over the damages caused to their health after taking Plavix (clopidogrel). This is a drug used to prevent heart attacks and strokes in patients with heart disease. The California court argued that because BMS does business in California (even though their main headquarters are in Delaware, New Jersey, and New York), they can be sued in that state. Many of the plaintiffs in the litigation did not reside in California.
Supreme Court Decision Limits Justice
Consequently, this ruling means that large corporations will continue to victimize those hurt by their products. It creates, even more, hurdles to receive justice. There will now be a limit on where lawsuits can be brought against corporations. Jurisdiction is restricted to the state in which the corporation is housed or the location where the alleged harm occurred.
Within two hours after this ruling, a St. Louis judge called a mistrial in the latest talc case. The case had one Missouri resident and two from another state. This puts many litigations at risk, even those that have yet to go to trial. Corporations facing a large volume of cases in venues chosen by plaintiffs will likely cite the Supreme Court to try to dismiss those claims.
Decision Slows Justice & Hurts Victims
Not only does this decision hurt victims, but it also hurts the court system. The Supreme Court ruling is will slow the system down. This is because attorneys and judges can’t consolidate and try cases in one place. Trials can already take years to reach a verdict stage. Now, victims will have to face the firing squad alone, and it could be a very long, arduous process.
The only dissenter, Justice Sonia Sotomayor said this ruling would make it harder for injured people to sue large corporations.
“It will make it impossible to bring a nationwide mass action in state court against defendants who are ‘at home’ in different States,” she wrote. “And it will result in piecemeal litigation and the bifurcation of claims. None of this is necessary… The effect of the Court’s opinion today is to eliminate nationwide mass actions in any state other than those in which a defendant is ‘essentially at home.’”
She went on to describe the decision as a corporate tool to undermine individual claims. Now plaintiffs bear the burden of proof. The bottom line is this ruling will curtail and may eliminate the ability “to hold corporations fully accountable for their nationwide conduct.”
We Will Help Victims and Not Corporations
The Supreme Court backed corporations and left their victims without protection. The Michael Brady Lynch Firm will make sure we employ every avenue available to get you justice. This may be a setback, but we won’t let this stop us. We care deeply for those injured by pharmaceutical companies. We made it our mission to not rest until they receive what they need to recover from their injury.
The Michael Brady Lynch Firm has successfully represented thousands of consumers injured by defective drugs and medical devices. Therefore, they have recovered millions of dollars for their clients. Furthermore, lead trial attorney, Michael Brady Lynch is widely recognized as one of the most experienced and successful mass tort attorneys in the country. He is a sought after lecturer for his distinguished views on complex litigation, scientific evidence development, negotiation strategies and trial tactics.
Most of all, our law office is resourceful and dedicated to pursuing any compensation for you. Because of this, we have received a high degree of peer recognition and professional achievement, such as inclusion on numerous Plaintiff Steering Committees. We will take whatever legal measures are necessary when fighting for your rights to damages.