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Tag Archives: generic drugs

Massachusetts Stakes Out a Middle Ground and Allows Brand Drug Liability for Generic Drug Labeling Claims Upon a Showing of Recklessness and Serious Harm

Posted in False-Labeling Claims, Litigation Trends, Massachusetts Courts, Pharmaceutical and Medical Devices, Products Liability

The overwhelming majority of courts (including all seven federal circuits that considered the issue) have rejected the so-called “innovator liability” doctrine.[1]  In 2017, however, the California Supreme Court in T.H. v. Novartis Pharm. Corp.[2] unanimously recognized the doctrine holding that brand-name prescription drug manufacturers owe a duty to warn to consumers who use generic drugs.[3]… Continue Reading

Massachusetts Court Extends Mensing to Bar Failure To Warn Claims Against Generic Drug Distributors

Posted in Litigation Trends, Massachusetts Courts, Pharmaceutical and Medical Devices, Products Liability

Co-authored by Brian Gross  In June of 2011, the United States Supreme Court ruled that makers of generic drugs cannot be sued for failing to warn consumers of the possible side effects of their products if they copy the exact warnings used by their brand-name equivalents.  See Pliva, Inc., et al. v. Mensing, 131 S.Ct. 2567… Continue Reading