1st Circ. Affirms $26M Award In Sulindac Injury Suit

Law360, Los Angeles (May 2, 2012, 8:19 PM EDT) -- The First Circuit on Wednesday affirmed a $26 million award given to a woman who suffered a near-fatal reaction after taking Mutual Pharmaceutical Co. Inc.'s generic drug Sulindac, ruling that design defect claims aren't preempted by federal law.

The decision raises a question over the scope of the Federal Food, Drug and Cosmetic Act that only the Supreme Court can decide, the First Circuit said. The courts are split over whether the Supreme Court's ruling in Pliva Inc. v. Mensing — which held that state law...
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