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Generics
Courts differing on brand pharma liability for generic drugs
May 2nd, 2009
The nation's courts are issuing differing opinions on whether a brand name pharmaceutical manufacturer is liable for alleged harm sustained when a patient takes the generic version of their drug. "A court in California held late last year that plaintiffs can assert claims against brand name manufacturers even though the patient never took their pill. Plaintiffs argue that doctors rely on the labeling of brand name medications for prescribing information, even though the patient ultimately takes a generic version of the medication," says Kimberly B. Martin, a litigator and Co-Chair of the Life Sciences Industry Group at Bradley Arant Boult Cummings LLP (Huntsville,...
Source: Law & Health Weekly (2009-05-02)
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