Leahy Bill Would Hold Generic Drug Makers Liable

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.

You can read this article on Mondaq: Bill To Undo Mensing Decision And Allow Patients To Sue Generic Drug Makers For Failure To Warn - 26 April 2012

Article by James W. Huston, Julie Park and Erin Bosman