Tag Archives: generic drugs


Posted 10 months ago in Products Liability by Aaron Kase  
No Lawsuits For Defective Generic Drugs, Supreme Court Rules

Generic drug makers cannot be sued when their products injure or kill consumers, the Supreme Court ruled today, even if the drugs are defective. In Bartlett v. Mutual Pharmaceuticals, the court in a 5-4 decision continued its recent history of using federal protections for pharmaceutical companies to put them out of reach of state laws. The case started with the disfigurement of Karen Bartlett, whose skin suffered massive burns and who lost most of her vision after taking a generic …

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Posted 10 months ago in Consumer Law by Aaron Kase  
FTC Can Sue Big Pharma for Pay to Delay, Supreme Court Rules

The Federal Trade Commission (FTC) has the right to sue when big pharmaceutical companies pay smaller firms to keep generic drugs off the market, the U.S. Supreme Court ruled today. In FTC v. Actavia, the justices issued a 5-3 decision reversing an 11th U.S. Circuit Court of Appeals ruling that blocked a lawsuit because the drug company had a patent on the drug in question. Generic companies often challenge questionable patents held by name-brand drug producers, to which a common …

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Posted 1 year ago in Consumer Law by Aaron Kase  
Can Big Pharma Pay To Keep Generics Off the Market?

The U.S. Supreme Court today heard arguments over whether big pharmaceutical companies can pay generic drug manufacturers to delay their entry into the marketplace. In FTC v. Actavis, the court will rule if payments made to preserve a name-brand prescription drug’s grip on the market count as collusion that violates federal antitrust laws, as the Federal Trade Commission is arguing. Opponents of the “pay-to-delay” system claim that the name-brand companies are essentially bribing their cheaper competitors to stay away, in …

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Posted 1 year ago in Products Liability by Aaron Kase  
Supreme Court to Decide if Generic Drug Makers Can Be Sued

The U.S. Supreme Court today heard arguments in a case that will further refine to what extent the makers of generic pharmaceutical drugs can be sued in state court. In Bartlett v. Mutual Pharmaceuticals, the justices will decide if federal law that governs the design of generic drugs preempts state consumer protection laws in cases where the drugs injure patients. Karen Bartlett was blinded and suffered horrific skin problems in 2004, with two-thirds of her body becoming an open wound, …

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Posted 1 year ago in Products Liability by Aaron Kase  
Supreme Court To Examine Generic Drug Lawsuits

The U.S. Supreme Court will hear arguments next year on whether lawsuits against defective generic drugs can proceed in state court if they are not in violation of federal law. In Mutual Pharmaceutical Co v. Bartlett, the court will decide if federal law protecting generic drugs trumps state consumer protection laws, or if both can exist in harmony. If the court finds the laws to be in conflict, consumers will not be able to bring lawsuits over injuries they suffered …

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