supreme court generic drug liability

Mutual Pharmaceutical Company v. Bartlett: How the Decision Affects Us

By on July 18, 2013 - Comments off

In our previous blog post, we discussed the Supreme Court decision to prevent consumers from seeking legal recourse for injuries caused by defective generic drugs under preemption laws. The decision favors manufacturers and is conceptually in conflict with the 2009 Supreme Court ruling that brand-name manufacturers may be sued for damages caused by drug defects. If brand-name pharmaceutical manufacturers can be held accountable for unsafe drugs, then generic drug manufacturers should also be responsible for theirs.

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