Supreme Court Takes Up Appeal Of Post-Mensing Ruling

Law360, New York (November 30, 2012, 7:38 PM EST) -- The U.S. Supreme Court agreed Friday to review the First Circuit's ruling that design defect claims against a generic-drug company are not preempted by federal law, a decision that critics charge is in conflict with the high court's landmark Mensing ruling.

Mutual Pharmaceutical Co. Inc. petitioned the high court to review and reverse a decision upholding a $23 million award to a woman, Karen Bartlett, who suffered a near-fatal reaction after taking Mutual's drug Sulindac for shoulder pain. The First Circuit held that, unlike claims that...
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