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