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.

0 shares

Related Stories

Court: Can generic makers be sued for drug flaws?

date 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

date 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

date 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

Rising antibiotic shortages raise concerns about patient care

date Apr 23, 2015

Shortages of key antibiotics, including gold-standard therapies and drugs used to treat highly resistant infections, are on the rise, according to a new study of shortages from 2001 to 2013 published in Clinical Infectious Di ...

Study supports HPV vaccination guidelines

date Apr 21, 2015

(HealthDay)—New research finds that young women who get the HPV vaccine gain significant protection against infection in three parts of the body if they haven't already been exposed to the human papillomavirus.

User comments

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.