Home » Govt Asks SCOTUS to Extend Mensing Preemption Protections to Mutual
Govt Asks SCOTUS to Extend Mensing Preemption Protections to Mutual
The Supreme Court’s 2011 ruling in Pliva v. Mensing, which granted a victory to generic makers, should extend to cases involving pure design-defect claims, the U.S. government says in an amicus brief on a separate case involving Mutual Pharmaceuticals. Mensing, which found that generic-drugmakers can’t be held responsible for failing to list adverse events not listed in the brand drug’s label, should also apply to Mutual Pharmaceuticals’ appeal of a lower court decision that upheld a $21 million jury award to a patient injured by Mutual’s Sulindac, U.S. Solicitor General Donald Verrilli said in the brief.
Washington Drug Letter
Washington Drug Letter
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