Litigation
Sep. 8, 2011
California case law may help patients hoping to sue over generic drugs
Patients harmed by low-cost versions of brand-name drugs have little legal recourse after the U.S. Supreme Court ruled that states' failure-to-warn laws are preempted by federal regulations for generics - unless they sue in California.
Daily Journal Staff Writer
Patients harmed by low-cost versions of brand-name medications have little legal recourse after the U.S. Supreme Court ruled that states' failure-to-warn laws are preempted by federal regulations for generic drugs - unless they sue in California.
Although the high court's June 23 ruling in Pliva Inc. et. al. v. Mensing barred failure-to-warn claims against generic drugmakers, plaintif...
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