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 LLP for a free
consultation from an experienced