1st Circ. Stays $26M Drug Injury Award For Mutual's Appeal

Law360, New York (July 6, 2012, 3:15 PM EDT) -- The First Circuit on Friday stayed a $26 million award given to a woman who suffered a near-fatal reaction after taking Mutual Pharmaceutical Co. Inc.'s generic drug Sulindac so the company can appeal the decision to the U.S. Supreme Court.

The appeals court granted Mutual 90 days to petition the high court to hear an appeal of the ruling, which held that design defect claims are governed by state law and are not preempted by federal law. The First Circuit had said in its May decision...
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