Implications — And Complications — Of Undoing Mensing
May 7, 2012, 1:55 PM EDT
Law360, New York (May 7, 2012, 1:55 PM EDT) -- Sen. Patrick Leahy, D-Vt., introduced legislation in April 2012 to counter the effect of the U.S. Supreme Court's June 2011 decision in Pliva v. Mensing, 131 S. Ct. 2567 (2011). Mensing held that patients who claim injury from generic drugs cannot sue the manufacturer for failure to warn, even though patients who take the same drug, but the brand name, can.
Leahy's bill is intended to undo this perceived inequality. If it succeeds, the bill would not only place a heavy burden on generic manufacturers contrary...