Ill. 'Innovator Liability' Case Is Setback For Drug Cos.

Law360, New York (March 14, 2014, 3:39 PM EDT) -- A federal district court in Illinois recently held that GlaxoSmithKline PLC, a branded drug manufacturer, owed a duty of care to a patient who took the generic version of its drug. Dolin v. SmithKline Beecham Corp. (2014). This holding is a surprising deviation from the current trend, as most courts have held that "innovator liability" does not apply where plaintiff claimed injury from taking the generic product.

Background

The plaintiff, Wendy Dolin, is the widow of Stewart Dolin, who was an M&A partner at Reed Smith LLP at the time of his death. Dolin was prescribed Paxil in 2010 for work-related anxiety...

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