Court: Can generic drug maker be sued over design?

March 19, 2013

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.

Explore further: Supreme Court ruling supports generic drug makers


Related Stories

Supreme Court ruling supports generic drug makers

April 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.

Court: Can generic makers be sued for drug flaws?

November 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.

First generic version of cancer drug Doxil approved

February 4, 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

Re-framing the placebo effect and informed consent

October 29, 2015

(Medical Xpress)—Imagine that your doctor knows from evidence-based studies that if he tells you about certain, small side-effects to a particular drug, you are significantly more likely to experience that side effect than ...

Can exercise be replaced with a pill?

October 2, 2015

Everyone knows that exercise improves health, and ongoing research continues to uncover increasingly detailed information on its benefits for metabolism, circulation, and improved functioning of organs such as the heart, ...


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.