Generic drug maker faces liability for out-of-date warning label 
Published: June 18, 2013
Tags: failure to warn, Fosamax, generic drug litigation, PLIVA v. Mensing, product liability
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.
Generic Reglan claim isn’t preempted
Published: March 18, 2013
Tags: failure to warn, Food Drug and Cosmetic Act, PLIVA v. Mensing, preemption, Reglan
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.
Justices to rule on preemption of drug design defect claims
Published: November 30, 2012
Tags: design defect, generic drug litigation, PLIVA v. Mensing, preemption, U.S. Supreme Court, Wyeth v. Levine
The U.S. Supreme Court has agreed to decide whether federal law preempts state law design defect claims targeting generic pharmaceutical products.
State attorneys general push for generic drug legislation
Published: May 18, 2012
Tags: Congress, failure to warn, PLIVA v. Mensing, Supreme Court
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.
Ruling may save suits against generic drug makers
By:
Sylvia Hsieh
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.
IOM: FDA needs better drug monitoring system
Published: May 8, 2012
Tags: drug safety, FDA, PLIVA v. Mensing
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.
Consumer group asks FDA to revise generic drug warnings
Published: September 12, 2011
Tags: drug labeling, drug safety, FDA, Food and Drug Administration, generic drugs, PLIVA v. Mensing, Public Citizen, Supreme Court
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.
Panel weighs consolidation of Darvon/Darvocet litigation
By:
Sylvia Hsieh
Published: July 29, 2011
Tags: Darvocet, Darvon, drug litigation, Eli Lilly, MDL, multidistrict litigation, PLIVA v. Mensing
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.
