3/20/2013

The Supreme Court heard arguments on Tuesday about whether generic-drug makers can be held liable under state law for alleged flaws in the designs of drugs. Justice Antonin Scalia said that if state law takes precedence, it could take complex decisions out of the hands of the FDA and instead juries would have to consider "what the cost-benefit analysis is for a very novel drug that unquestionably has some deleterious effects, but also can save some lives." A decision is anticipated by the end of June.

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