Sentences with phrase «against generic drug manufacturers»
Supreme Court Holds Warning Claims Against Generic Drug Manufacturers Are Preempted - Product Liability Update
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A recent Supreme Court ruling is limiting court actions by injured patients who have filed claims against manufacturers of generic drugs.
Specifically, in Rafferty v. Merck & Co., Inc., [4] the SJC held that plaintiffs who ingest the generic form of a drug may bring failure to warn claims against the brand - name manufacturer of the drug if the brand - name defendant acted recklessly by «intentionally fail [ing] to update the label on its drug while knowing or having reason to know of an unreasonable risk of death or grave bodily injury associated with its use.»
«Any recognition of an outlier theory of liability permitting a generic drug consumer to bring an action against the brand manufacturer for an injury allegedly arising from the use of the generic drug would be plainly at odds with this public policy.»