Generic-Drug Makers Shielded From Lawsuits, Top Court Says

"The U.S. Supreme Court ruled that generic-drug companies, unlike their brand-name rivals, can’t be sued for failing to warn patients about the risk of dangerous side effects.

The 5-4 ruling bars two women from suing units of Mylan Inc. and Teva Pharmaceutical Industries Ltd. over metoclopramide, a stomach drug they say caused them to contract a severe neurological disorder.

...Teva’s lawyer, Jay Lefkowitz of Kirkland & Ellis LLP in Washington, said the court 'hit the nail on the head today by making clear that federal law does not permit states to hold generic-drug manufacturers liable for using the very warnings federal law required of them.'"

This article appeared in its entirety in the June 23, 2011 edition of Bloomberg News.