In a decision by a US District Court, Judge Berle Schiller used the landmark Supreme Court case Wyeth v. Levine to argue that generic manufacturers are not preempted from liability in failure to warn claims.
This decision comes as the Supreme Court asks the Solicitor General to weigh in on the liability of generic manufacturers as it considers granting cert to Mensing as reported on here.
The majority of courts since Wyeth have rejected the theory that name brand manufacturers should be liable in failure to warn claims instead of or in addition to generic manufacturers. The majority of courts, however, have held the generic manufacturers liable.
A number of generic drug litigation have this question as a central element in their litigation. Some of the litigations that we are handling dealing with this question include Reglan/metoclopramide, Fosamax/alendronate sodium, Accutane/isotretinoin. If you have taken any of these drugs and are experiencing side effects contact the attorneys at Rheingold Giuffra Ruffo Plotkin & Hellman LLP for a free consultation from an experienced drug liability lawyer.
