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Administrative/Regulatory

May 4, 2012

Generic drugs and the new norm in pharmaceutical litigation

The impact of PLIVA is to let many generic manufacturers off the hook. By Patricia L. Zlaket of Case Cherry Schenk Francavilla Blatt & Penfield LLP


Last year was especially tough for consumer plaintiffs in the world of pharmaceutical litigation.


The U.S. Supreme Court decision in PLIVA, Inc., et al. v. Mensing, 131 S.Ct. 2567 (2011), gave more power to drug companies, while appearing to give plaintiffs little recourse for injury or death caused by a generic pharmaceutical product. The ruling has significant consequence for attorneys who practice pharmaceutical litigation - limiting the cases they can...

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