Court: Can generic drug maker be sued over design?

The Supreme Court will soon decide whether generic drug manufacturers can be sued in state court for a drug's design defects after federal officials approved the brand-name version.

The justices Tuesday heard arguments from generic manufacturer Mutual Pharmaceutical Co, Inc., which wants a $21 million dismissed.

A New Hampshire jury gave that to Karen L. Bartlett after she took sulindac, the generic form of the drug Clinoril. It caused at least 60 percent of her skin to deteriorate or burn and permanent near-blindness.

Mutual says the award should be dismissed because, as required by federal law, sulindac matched Clinoril in composition. The company said that should pre-empt the jury's verdict, which found that the was faulty.

not rated yet
add to favorites email to friend print save as pdf

Related Stories

Court: Can generic makers be sued for drug flaws?

Nov 30, 2012

(AP)—The Supreme Court will decide whether generic drug manufacturers can be held responsible in state courts for possible design defects that are in the brand-name medicine they are copying.

Supreme Court ruling supports generic drug makers

Apr 18, 2012

The US Supreme Court ruled Tuesday that generic drug makers can challenge big-name pharmaceutical firms in court to stop them from broadening the scope of their patent descriptions.

First generic version of cancer drug Doxil approved

Feb 04, 2013

(HealthDay)—The first generic version of the cancer drug Doxil (doxorubicin hydrochloride liposome injection) has been approved by the U.S. Food and Drug Administration, which says the action should help relieve shortages ...

Recommended for you

Novartis Japan admits concealing drug side effects

17 hours ago

The Japanese unit of Swiss pharma giant Novartis has admitted it did not report more than 2,500 cases of serious side effects in patients using its leukaemia and other cancer drugs, reportedly including some fatalities.

Most US babies get their vaccines, CDC says

Aug 28, 2014

(HealthDay)—The vast majority of American babies are getting the vaccines they need to protect them from serious illnesses, federal health officials said Thursday.

Expression of privilege in vaccine refusal

Aug 27, 2014

Not all students returning to school this month will be up to date on their vaccinations. A new study conducted by Jennifer Reich, a researcher at the University of Colorado Denver, shows that the reasons why children may ...

User comments