WASHINGTON — In a victory to generic pharmaceutical companies, the U.S. Supreme Court ruled today that state design-defect laws that impose a duty on generic drug makers to either change their labeling in violation of federal law or pull the drug from the market are preempted.
A California judge has thrown out a $6.5 million product liability verdict against Takeda Pharmaceuticals, deciding that a key expert witness should not have been allowed to testify that the diabetes drug Actos was the cause of a man’s bladder cancer.
WASHINGTON – Deciding where the preemptive effect of federal rules governing drug manufacturing ends and states’ ability to impose liability on drug makers begins has never been an easy task — not even for the justices of the U.S. Supreme Court.
On Tuesday, the justices wrangled once again over the preemptive reach of the federal Food, Drug and Cosmetic Act in an effort to decide whether the law prevents design defect claims against generic drug manufacturers.
Medical device makers could not be held strictly liable for an alleged design defect in a surgically implanted prosthetic device, the California Court of Appeal has ruled in affirming a summary judgment.
The U.S. Supreme Court has agreed to decide whether federal law preempts state law design defect claims targeting generic pharmaceutical products.
The standards of the federal Vaccine Act applied to bar the wrongful death claims of the parents of a child who died after receiving a measles vaccine made by Merck, the 9th Circuit has ruled in affirming a summary judgment.
Crocs did not have a duty to warn that its resin sandals posed a risk to young children riding escalators, a U.S. District Court in Massachusetts has ruled in granting summary judgment.
Published: September 10, 2012
Tags: Buckman Co. v. Plaintiffs’ Legal Committee, design defect, failure to warn, FDA, Food and Drug Administration, Genentech, negligence, preemption, product liability, psoriasis, Raptiva
Federal law preempted Michigan product liability actions that alleged injuries from the psoriasis drug Raptiva, the 6th Circuit has ruled in affirming judgment.
An expert in a product liability case was not qualified to testify that the plaintiff’s injuries were caused by a defective seatbelt buckle in a Ford automobile, the 10th Circuit has ruled in reversing a $4.5 million judgment.
The Mississippi Supreme Court yesterday overturned a $15 million asbestos verdict against Chevron Phillips, concluding that the jury heard inadmissible evidence overestimating the amount of asbestos-containing Flosal that a retired oil rig worker handled during his career.