Mensing Doesn't Nix Generic-Fosamax Claims, 3rd Circ. Told

Law360, New York (September 24, 2013, 2:38 PM EDT) -- A federal judge wrongfully used the U.S. Supreme Court's Pliva Inc. v. Mensing ruling to preempt design defect claims against generic-drug makers in multidistrict litigation over the safety of Merck & Co.'s bone drug Fosamax, according to a briefing filed Monday with the Third Circuit.

The plaintiffs told the appeals court that there is “no logical basis” to conclude the Supreme Court’s Mensing decision — which found that failure-to-warn claims against generic companies are preempted since they must match their labeling to brand-name labeling under federal...
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