US Pushes Supreme Court To Reverse Design Defect Ruling

Law360, New York (January 24, 2013, 7:09 PM EST) -- The U.S. government told the Supreme Court on Tuesday that it believed the First Circuit was wrong to hold that design defect claims against generic drugmaker Mutual Pharmaceutical Co. Inc. are not preempted by federal law, though it argued the allegations are allowable in other circumstances.

The government filed an amicus curiae brief in Mutual's appeal of a First Circuit decision upholding a $23 million award to a woman, Karen Bartlett, who suffered a near-fatal reaction after taking the company's drug Sulindac for shoulder pain. The First...
To view the full article, register now.