The State of Failure to Warn Claims Against Generic Drug Manufacturers

August 9, 2012Articles
DRI’s In-House Defense Quarterly
Pliva, Inc. v. Mensing, the seminal United States Supreme Court case on federal conflict preemption for generic drug makers, is now one year old. Since the Mensing opinion was issued in June of 2011, many courts have addressed whether state law failure to warn claims against generic drug manufacturers may still proceed. In most instances, the issue has been decided in favor of the generic drug manufacturers, but plaintiffs continue their efforts to navigate around the Supreme Court’s decision.

Read the article authored by Dinsmore’s Gabrielle Hils below to learn the procedural history of the Mensing case, a summary of Mensing’s holdings, and a survey of the cases decided since Mensing.