Door Closes, Window Opens For Generic-Drug Injury Claims

Law360, New York (June 24, 2013, 7:58 PM EDT) -- Though its ruling on Monday stamped out one remaining glimmer of hope for plaintiffs looking to hold generic-drug makers liable for their injuries, the U.S. Supreme Court appears to have created another by maintaining that the decision does not address allegations that parallel federal misbranding law.

Five of the court's nine justices ruled that a design defect claim against Mutual Pharmaceutical Co. Inc. was preempted, because its generic anti-inflammatory drug sulindac must be designed the same way as its brand-name counterpart under federal law.

The decision...
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