Supreme Court to hold generic drug liability hearing today

03/19/2013 | Reuters

The Supreme Court will hear arguments today in a case involving Mutual Pharmaceutical that could determine if generic-drug makers can be held liable for alleged flaws in the designs of their drugs, although federal law mandates that they copy the designs of the brand-name drugs. It would be almost impossible to hold generics makers liable for injuries caused by their drugs if the high court finds that the product defect claims under state law are prohibited by federal law. "If jurors with no technical expertise can decide healthcare matters like what is medically safe for patients, the result will be an unpredictable flow of needed medicines, which is a major problem for patients," the Generic Pharmaceutical Association warned.

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