8th Circ. Shields Branded Cos. For Generic-Drug Harm

Law360, New York (June 14, 2013, 5:43 PM EDT) -- The Eighth Circuit on Friday tossed litigation targeting brand-name drug makers for harm allegedly caused by generic medicine but took the somewhat unusual step of refusing to shield a generics company from design defect allegations that have often been blocked by the U.S. Supreme Court’s landmark Mensing decision.

As in many similar suits, Arkansas resident Shirley J. Bell claimed that she developed the neurological disorder tardive dyskinesia after using digestion drug metoclopramide, which goes by the trade name Reglan.

The Eighth Circuit echoed courts around the...
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