Generics Failure-To-Warn Case Enters Oral Arguments

Law360, New York (October 19, 2009, 5:43 PM EDT) -- The U.S. Court of Appeals for the Eighth Circuit is set to hear oral arguments Tuesday in a case that will decide whether failure-to-warn product liability claims against generic-drug manufacturers are preempted by federal law.

Gladys Mensing — who alleges that long-term ingestion of generic Reglan, a heartburn medication, caused her to develop the neurological movement disorder tardive dyskinesia — brought her suit against both generics and name-brand manufacturers of the drug, including Wyeth Inc., Pliva Inc., Teva Pharmaceuticals USA Inc., UDL Laboratories Inc., Schwarz Pharma...
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