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Pharma Cos. Liable For Generic Labels, Mass. Top Court Says

Law360, Boston (March 16, 2018, 10:35 PM EDT) -- Name-brand drugmakers can be held liable for mislabeled generic equivalents under state law in Massachusetts, home of the nation’s largest bio-pharmaceutical hub, the commonwealth’s top court ruled on Friday in a loss for Merck & Co. and the industry groups watching.

The Massachusetts Supreme Judicial Court decided consumers who use generic drugs and experience serious side effects they were never warned of can pin their injuries on their medication’s brand-name predecessor if it recklessly, not just negligently, passed on bad information to the generic company....
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