US Supreme Court agrees to hear case on whether claims against manufacturer of generic drugs are preempted

Last May I wrote about Bartlett v. v. Mutual Pharmaceutical Co, a decision of the Court of Appeals for the First Circuit in which it recognized a cause of action against the manufacturer of a generic drug.  Go here for my original post and links to comments on the case.  You can read the full opinion here.

At the time I wrote that "what makes the case controversial is the question of whether the decision is contrary to the holding in PLIVA v Mensing, the US Supreme Court decision holding that inadequate warnings cases against generic drug manufacturers are preempted because federal law requires the warnings for generic drugs to be identical to those of branded drugs."

Following that line of reasoning, the defendants appealed and last week the Supreme Court announced it would review the case.  Go here for links to all the relevant documents in the case.

In my original post,you will find a number of links to comments on the case after it was decided by the Court of Appeals.

For a more recent comment, go to Litigation and Trial where Max Kennerly discusses the case in detail and offers his opinion on the issue of preemption in general. 

AboutLawsuits and Public Citizen also have more information.