Supreme Court to review lawsuits over flaws in generic drugs

pillsNovember 30, 2012|Terry Baynes and Jonathan Stempel | Reuters

(Reuters) – The Supreme Court on Friday agreed to consider whether generic drug manufacturers can be subjected to personal injury lawsuits that allege flaws in the design of drugs, even if federal law would not allow such cases to go forward.

The court agreed to review a bid by Mutual Pharmaceutical Co to overturn a $21 million jury award to Karen Bartlett, a New Hampshire woman who had taken its generic non-steroidal anti-inflammatory drug sulindac for shoulder pain.

Bartlett was left with permanent near-blindness and burn-like lesions on two-thirds of her body after suffering a rare hypersensitivity reaction associated with the drug, and sued Mutual for alleged design defects under New Hampshire law.

Supreme Court to review lawsuits over flaws in generic drugs

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