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Design Defects and Generic Drugs: The Supreme Court Steps In

January 2013 - RX for the Defense
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Failure to warn claims against generic drug manufacturers are barred by Pliva v. Mensing. But what about design defect claims? In an attempt to circumvent Mensing, many plaintiffs advanced a design defect argument premised on the contention that generics could avoid a conflict with state law by stopping sales of their products. Although most courts have rejected that argument—including the Fifth Circuit—the First Circuit adopted it. The United States Supreme Court will hear arguments on the issue in March 2013. The questions before the Court are discussed in "Design Defects and Generic Drugs: The Supreme Court Steps In." To read the article, click here.

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