Branded Drug Cos. Not Liable For Generics, 5th Circ. Rules
Law360, New York (October 25, 2012, 5:36 PM EDT) -- The Fifth Circuit refused Thursday to revive claims by a woman alleging neurological harm from a generic form of heartburn medicine Reglan, saying the U.S. Supreme Court's ruling in Pliva Inc. v. Mensing doesn't make brand-name drugmakers liable for generic versions of their products.
The appeals court rejected arguments from Louisiana resident Julie Demahy, who said last year's Mensing decision undermined legal immunity for branded drug companies because the immunity was grounded in the ability of consumers to hit generic-drug makers with state failure-to-warn claims, an ability Mensing eliminated.
Demahy — who was targeting Pfizer unit Wyeth LLC and Schwarz Pharma,...
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