Mass. Court Ruling Eases Way For Brand Drug Label Claims
By Emily Field (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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!