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

Xtoro approved for swimmer's ear

9 hours ago

(HealthDay)—Xtoro (finafloxacin otic suspension) eardrops have been approved by the U.S. Food and Drug Administration to treat swimmer's ear, clinically known as acute otitis externa.

Drug interaction identified for ondansetron, tramadol

9 hours ago

(HealthDay)—In the early postoperative period, ondansetron is associated with increased requirements for tramadol consumption, according to a review and meta-analysis published online Dec. 10 in Anaesthesia.

New system targets germs in donated blood plasma

Dec 17, 2014

(HealthDay)—A new system designed to eliminate germs in donated blood plasma and reduce the risk of transmitting a plasma-borne infection has been approved by the U.S. Food and Drug Administration.

Judge halts Alzheimer's drug swap until July

Dec 16, 2014

A federal judge has ordered an Irish drug manufacturer to halt its plans to discontinue its widely used Alzheimer's medication, allegedly in an effort to drive patients to a newer patented drug.

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.