High Court Overturns Landmark Generic-Drug Liability Ruling

Law360, New York (June 24, 2013, 10:57 AM EDT) -- The U.S. Supreme Court on Monday reversed the First Circuit's holding that the user of a generic drug can bring a state-law design defect claim against its manufacturer, pointing out that generics makers cannot change a drug's design under federal law.

The high court held in a 5-4 decision that the appeals court was wrong to uphold a $21 million award to plaintiff Karen Bartlett, who suffered a near-fatal reaction after taking sulindac, a generic anti-inflammatory drug manufactured by Mutual Pharmaceutical Co. Inc.

The ruling marks...
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