Supreme Court Weighs Future Of Generic-Drug Defect Suits

Law360, New York (March 19, 2013, 3:58 PM EDT) -- Several U.S. Supreme Court justices questioned Tuesday whether the importance placed on a generic drug's warning label at trial suggests design defect claims against its manufacturer are preempted by federal law, in a high-stakes showdown over generic-drug makers' liability for users' injuries.

The high court heard argument in Mutual Pharmaceutical Co. Inc.'s challenge to a $21 million jury award for plaintiff Karen Bartlett, who suffered a near-fatal reaction after taking the generic anti-inflammatory drug sulindac. The case centers on whether the court's Mensing ruling, which held...
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