4th Circ. Questions Basis For Generic-Drug Injury Appeal

By Greg Ryan (December 16, 2013, 9:39 PM EST) -- Fourth Circuit judges on Thursday repeatedly interrupted an attorney's argument that failure-to-warn claims against Pliva Inc. aren't preempted by a landmark U.S. Supreme Court generic-drug liability ruling, questioning whether his client had the procedural grounding to make the appeal.

According to attorney Louis Bograd, the decision in Pliva v. Mensing does not bar allegations that Pliva failed to warn Shirley Gross, a now-deceased user of the heartburn drug metoclopramide, that the medication could cause the involuntary movement disorder tardive dyskinesia.

The Supreme Court held in Mensing that because generic-drug makers can't change their warning labels to differ from the label for...

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