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In drug tort suits, it’s a name game (access required)
Justices’ ruling subjects name-brand, generic drugs to different liability

By: Kimberly Atkins
Staff writer
Published: July 5, 2011

Tags: , , ,

The Supreme Court ruling late last month that state-law failure-to-warn claims against generic drug makers are preempted by federal law – handed down just two years after the Court held that brand-name drug makers could face such suits – creates a legal discrepancy that leaves the majority of patients without recourse, some advocates say.
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