Barr Seeks To Use Mensing As Shield In Accutane MDL

Law360, New York (July 10, 2012, 7:45 PM EDT) -- Barr Laboratories Inc. on Monday argued that failure-to-warn claims from a man diagnosed with inflammatory bowel disease after using generic Accutane are blocked by the U.S. Supreme Court's Pliva Inc. v. Mensing ruling, as it sought to escape multidistrict litigation over the acne drug.

Barr’s motion to dismiss argues that Louisiana resident Alton Herbert’s lawsuit — part of multidistrict litigation involving Accutane's active ingredient, isotretinoin — is doomed under Mensing. That ruling, issued last year, found that because generic drugs must carry the same federally mandated warning...
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Case Information

Case Title

In Re: Accutane Products Liability


Case Number

8:04-md-02523

Court

Florida Middle

Nature of Suit

Personal Inj. Prod. Liability

Judge

James S. Moody, Jr

Date Filed

November 18, 2004


Case Title

Herbert v. Barr Laboratories, Inc., et al


Case Number

8:12-cv-00845

Court

Florida Middle

Nature of Suit

Personal Inj. Prod. Liability

Judge

James S. Moody, Jr

Date Filed

April 18, 2012

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