Law360, New York (April 17, 2013, 8:03 PM EDT) -- The Fifth Circuit refused Wednesday to resurrect failure-to-warn claims against three generic-drug makers, ruling that the companies had no duty to issue a warning about health risks linked to the anti-nausea drug metoclopramide because of brand-name manufacturer inaction.
A three-judge panel said Pliva Inc., Teva Pharmaceuticals USA Inc. and Purepac Pharmaceutical Co. are saved by the U.S. Supreme Court's decision in Pliva Inc. v. Mensing because the generic companies are dependent on brand names taking the lead when it comes to warnings.
Appellants Penny and John Morris had argued that the Mensing ruling did not forbid claims concerning failure to communicate...
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