Sandoz Generics Claims Survive, Despite Post-Mensing Trend

Law360, New York (January 25, 2013, 5:38 PM EST) -- An Ohio federal judge ruled Friday that design defect claims brought against Sandoz Inc. by a man allegedly blinded by its generic arrhythmia drug are not preempted by federal law, putting him at odds with other courts across the country.

Since the U.S. Supreme Court ruled in its landmark Mensing decision in June 2011 that state-law failure-to-warn claims against generic-drug makers are preempted, courts have largely held that design defect claims against the companies are similarly foreclosed. Until Friday, the one notable exception had been the...
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