In 5-4 Ruling, Justices Say Generic Makers Are Not Liable for Design of Drugs

"The Supreme Court ruled on Monday that generic drug manufacturers could not be sued by patients who claim that drugs they took were defectively designed. The decision is a significant victory for the generic drug industry...

'It makes much more sense to rely on the judgments of the scientific and medical experts at the F.D.A, who look at drug issues for the nation at large, than those of a single state court jury that only has in front of it the terribly unfortunate circumstances of an adverse drug reaction,' said Jay P. Lefkowitz, who represented Mutual before the Supreme Court and also argued on behalf of generic companies in the Pliva v. Mensing case."

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