Branded Drug Cos. Not Liable For Generics, 5th Circ. Rules

Law360, New York (October 25, 2012, 5:36 PM EDT) -- The Fifth Circuit refused Thursday to revive claims by a woman alleging neurological harm from a generic form of heartburn medicine Reglan, saying the U.S. Supreme Court's ruling in Pliva Inc. v. Mensing doesn't make brand-name drugmakers liable for generic versions of their products.

The appeals court rejected arguments from Louisiana resident Julie Demahy, who said last year's Mensing decision undermined legal immunity for branded drug companies because the immunity was grounded in the ability of consumers to hit generic-drug makers with state failure-to-warn claims, an ability Mensing eliminated.

Demahy — who was targeting Pfizer unit Wyeth LLC and Schwarz Pharma,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Law Firms


Government Agencies

Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!