Analysis

Mass. Court Ruling Eases Way For Brand Drug Label Claims

Law360 (March 19, 2018, 11:10 PM EDT) -- The Massachusetts high court’s ruling that Merck & Co. and other name-brand drugmakers can be liable under state law for mislabeled generics as long as consumers claim that a company acted recklessly in not updating the drug’s label opens up a new path for consumers to bring claims against brand manufacturers in the state.

The Massachusetts Supreme Judicial Court’s closely watched ruling creates a new standard for consumers of generic drugs who claim they were not warned of serious side effects to pursue claims against the original brand-name manufacturers. 

This places Massachusetts in the minority of courts that have imposed a...

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