A “failure to communicate” claim against the maker of generic Reglan was completely preempted by federal law regulating the pharmaceutical industry, the 11th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Federal law does not preempt a product liability suit alleging that the maker of a generic form of Fosamax failed to update its warning label in conformity with revised brand-name warnings, the California Court of Appeal has ruled in affirming judgment.
Federal law does not preempt a product liability suit against drug maker PLIVA based on the company’s alleged failure to update its warning label for the generic form of Reglan, the 6th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
The U.S. Supreme Court has agreed to decide whether federal law preempts state law design defect claims targeting generic pharmaceutical products.
WASHINGTON – State attorneys general are urging Washington lawmakers to pass a bill that would allow generic drug makers to face the same liability as brand name drug companies for failing to include adequate warnings on drug labels.
Published: May 9, 2012
Tags: drug litigation, failure to warn, Federal Food Drug and Cosmetic Act, federal preemption, generic drug litigation, generic drugs, PLIVA v. Mensing, preemption, product liability, Wyeth v. Levine
Since last year, when generic drug makers won a victory on the issue of federal preemption before the U.S. Supreme Court, lower courts have been dismissing cases against generic drug makers left and right.
But last week a federal appeals court issued a ruling that gives plaintiffs a long-awaited opening in those suits.
WASHINGTON – The Institute of Medicine has urged the Food and Drug Administration to adopt a more comprehensive system of monitoring drugs on the market so that the agency can better react to post-market safety issues.
Federal regulations should be revised to allow generic drug manufacturers to update product labeling to warn patients about risks associated with their drugs, according to a petition filed last month with the Food and Drug Administration.
SAN FRANCISCO – In oral arguments before the multidistrict litigation panel on Thursday in San Francisco, lawyers sparred over whether litigation involving the popular pain medications Darvon and Darvocet should be consolidated and if so, where they should be centralized.