Thursday, January 22, 2009

More on the issue of manufacturer liability for another's generic product

Back in November I reported on a new case in California holding that drug manufacturers can be held liable for harm caused by a competitor's generic version of the same drug. The opinion is available here. Needless to say, the decision is very controversial. The California Supreme Court has denied review. Today, the folks over at Drug and Device Law Blog have posted a very interesting comment on the case. It starts stating that the case "is a particularly dangerous expansion of tort liability because it simply ignores what product liability has been about for 50 years – that responsibility for product-related injuries follows profit obtained from the manufacture and sale of products." Their comment is available here.

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