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U.S. Supreme Court To Decide Whether Claims About Generic Drugs Are Preempted

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on Dec. 10 agreed to decide whether the Hatch Waxman Act prevents manufacturers of generic drugs from adding new warnings to drug labels as new risks become known ( Pliva, Inc. v. Gladys Mensing , No. 09-993, and Actavis Elizabeth, LLC v. Gladys...

5th Circuit: Mensing Doesn't Make Brand-Name Defendants Liable For Injuries

NEW ORLEANS - (Mealey's) The U.S. Supreme Court's ruling that preempts failure-to-warn claims involving generic drugs does not change Louisiana state law and make manufacturers of brand-name versions liable, a Fifth Circuit U.S. Court of Appeals panel ruled Oct. 25 ( Julie Demahy v. Schwarz Pharma...

Alabama High Court Says Wyeth Can Be Liable For Injuries Caused By Generic Drug

MONTGOMERY, Ala. - (Mealey's) An 8-1 majority of the Alabama Supreme Court on Jan. 11 ruled that Wyeth can be held liable for failing to warn doctors about the risk of long-term use of Reglan if a patient was injured by metoclopramide, the generic version of the drug made by other manufacturers ...

Failure To Update Generic Metoclopramide Label Not Preempted, 6th Circuit Says

CINCINNATI - (Mealey's) A plaintiff's claim that PLIVA Inc. failed to add a 2004 warning from the Reglan label to its label for generic metoclopramide is not preempted, a panel of the Sixth Circuit U.S. Court of Appeals said March 13 in what it described as question of first impression in the...