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Generic drug claim isn’t preempted (access required)

Published: December 1, 2009

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Federal drug safety law doesn’t preempt product liability claims against the makers of a generic brand of a diabetes drug, the 8th Circuit has ruled in reversing a summary judgment. The plaintiff sued the manufacturers of metoclopramide, the generic form of Reglan, for failure to warn and misrepresentation under Minnesota law. Her doctor had prescribed metoclopramide to ...
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