The U.S. Supreme Court decision that state tort claims against generic drug manufacturers are pre-empted by federal regulations does not preclude claims that drugmakers were negligent in not disseminating and circulating the drugs’ warning labels to prescribing physicians and patients, plaintiffs lawyers argued in Philadelphia Common Pleas Court on Friday.
Philadelphia Common Pleas Court Judge Sandra Mazer Moss’ decision over preliminary objections to over 2,000 pharmaceutical cases will be one of the first rulings in the country to interpret how the Supreme Court’s decision in Pliva v. Mensing will play out. The litigation involves the drug metoclopramide, which is sold under the brand-name version of Reglan and its generic bioequivalents.
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