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Law Practice

Nov. 10, 2008

Panel Finds Brands Liable For Generics

Makers of brand-name pharmaceuticals can be sued for failing to warn of a drug's dangers, even when it was the generic version that caused harm, an appellate court in San Francisco ruled Friday.

By Laura Ernde
Daily Journal Staff Writer

Makers of brand-name pharmaceuticals can be sued for failing to warn of a drug's dangers, even when it was the generic version that caused harm, an appellate court in San Francisco ruled Friday.

The ruling was the first of its kind in California and departed from rulings in other states, which have held that manufacturers can't be held liable for drugs they did not make or sell.

'Rooted in Co...

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