If all brand-name pharmaceutical manufacturers withdraw from the market and only generic drugmakers are left, does that mean “plaintiffs who are injured can sue no one”? a Superior Court judge asked Wednesday during an oral argument session in Philadelphia.
The argument was held on what impact a U.S. Supreme Court holding that federal drug regulations pre-empt state lawsuits over the warning labels on generic drugs will have on over 2,300 Philadelphia Court of Common Pleas cases in which plaintiffs allege their use of generic versions of metoclopramide caused them to have an incurable neurological disorder called tardive dyskinesia.
