Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Medical Malpractice Law & StrategyKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

Suits Against Generic Pharm Manufacturers

By Janice G. Inman
July 29, 2013

Among the landmark decisions issued by the U.S. Supreme Court in the final weeks of its last session, one that affects the nation's consumers of generic drugs got less attention than it might have deserved. In Mutual Pharmaceutical Co. Inc. v. Bartlett, 2013 U.S. LEXIS 4702 (U.S. 6/24/13), the court overturned the award of millions of dollars in damages to a woman injured by the use of a generic version of a patented, FDA-approved drug, after finding that the manufacturer could not be held responsible through a state-law claim for defective design, because it was actually a failure-to-warn claim in disguise.

Failure-to-warn claims against generic drug manufacturers, which by federal law are required to use the same warning labels used by manufacturers of their products' brand-name equivalents, have been precluded by the Supreme Court's 2011 decision in PLIVA Inc. v. Mensing, 131 S. Ct. 2567 (2011).

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.