Post-Mensing Blues: Generic Mfrs. Still Face Product Liability Claims
While the Supreme Court’s ruling last year found that failure-to-warn claims against generic manufacturers are preempted by federal law, some courts have refused to dismiss all claims.
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Supreme Court will decide in Mutual Pharmaceutical v. Bartlett whether generic drug manufacturers can be sued for alleged design defects; at issue is whether a jury can determine that a drug’s risks outweigh its benefits.
Design defect claims made against generic companies are focus of a case involving Mutual Pharmaceutical’s generic sulindac; ruling may eliminate lower court carve-outs to its Mensing decision.
Personal injury firms began looking for clients after FDA announced that Impax/Teva’s generic product was not equivalent to GSK’s Wellbutrin XL, but Supreme Court’s Mensing decision may keep cases from getting off the ground.