Even though the U.S. Supreme Court made a landmark ruling just under five months ago that pharmaceutical plaintiffs can’t sue generic drugmakers over drug warnings, plaintiffs lawyers are pushing for a number of theories that they say could provide recovery for their clients who took generic versions of drugs.
In the aftermath of Pliva Inc. v. Mensing, decided in June, 21 courts have dismissed claims over generic drugs, three courts have sustained some of plaintiffs’ claims and dismissed others, and two courts have sustained plaintiffs’ claims at the preliminary objection or summary judgment stage, according to a tally compiled by Drug and Device Law, a blog written by Dechert pharmaceutical defense attorneys.
