Mutual Pharmaceutical Company, which made the generic pill the claimant took, argues that it cannot be liable because of the Court’s holding in Pliva v. Mensing, a decision that has precluded almost all product liability cases against generic drug manufacturers since it was passed two year ago. Pliva holds that, since generic drugs must carry the exact label as their brand-name versions, the maker of a generic drug is not responsible for what that product’s label says and therefore cannot be held responsible for failing to warn patients about the product’s risks.
Read the full article from the New York Times here.
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