One of the more interesting causes of action that plaintiffs are now asserting against generic pharmaceutical manufacturers is a design-defect claim. The manufacturers argue that the same principles that preclude failure-to-warn claims, under the U.S. Supreme Court decision in Pliva v. Mensing, also pre-empt design-defect claims.
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PRODUCTS LIABILITY & TOXIC TORTS
Can Design-Defect Claims Against Generic Pharma Survive?
New Jersey Law Journal
December 14, 2012
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