Sunday, August 17, 2014

Follow-up - drug side-effect suits

Some previous blog entries related to pharma suits:
Misc update (pharma suits) - Mar 26th, 2011
Misc update III - Feb 13th, 2011
Say what? - Aug 25th, 2010
Wyeth v. Levine - Mar 22nd, 2009

Previous blog entries, see links above, had looked at suits related to drug side effects and manufacturers' 'duty to warn.' One entry referenced 'Wyeth vs. Levine', in which Diana Levine sued Wyeth and prevailed on 'pre-emption' (against the trade-name drug manufacturer), while  another referenced 'Mensing' in which Gladys Mensing sued Actavis on 'pre-emption' (against the generic manufacturer) and ultimately lost.

However, in both cases the plaintiffs sued the actual manufacturer of the drug that they were taking. Now, however, the Alabama Supreme Court has upheld its ruling that a plaintiff can sue the trade name manufacturer when they actually used drug made by a generic manufacturer... Read this for their reasoning...

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