Preemption In Pharmaceutical Cases: 2018 In Review

Law360 (January 7, 2019, 2:48 PM EST) -- 2018 marked another interesting year in the shifting landscape of pharmaceutical drug preemption cases and set the table for additional significant developments in 2019. A few opinions that caught our eye, and next year's forecast, are discussed below.[1]

Newly Acquired Information

In August 2018, the Seventh Circuit reversed a $3 million judgment following a plaintiff verdict in an Illinois innovator liability suicide case, arising from the decedent's ingestion of a generic form of the anti-depressant Paxil.[2] The court side-stepped a decision on the continued viability of innovator liability in Illinois, instead holding that innovator liability did not need to be reached...

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