MONDAQ Abstract: Senator Patrick Leahy (D-Vt.) introduced legislation on April 25, 2012,
to counter the effect of the Supreme Court's June 2011 decision
in Pliva v. Mensing, 131 S. Ct. 2567 (2011).
Mensing held that patients who claim injury from generic
drugs cannot sue the manufacturer for failure to warn, even though
patients who take the same drug, but the brand name, can. Senator
Leahy's bill is intended to undo this perceived inequality. If
it succeeds, the bill would not only place a heavy burden on
generic manufacturers contrary to the intent of the Hatch-Waxman
Act, but it would also ignore the reality of how prescription drugs
are used in the healthcare system.
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