Category — Generic Drugs

Dec. 1, 2011 – Regular blog contributor Brian Fowler has co-authored an article with Troutman Sanders partner Dabney Carr concerning the implications of the Supreme Court’s recent decision in Pliva v. Mensing.  The article appears in the November issue of the International Association of Defense Counsel Product Liability Committee’s newsletter, which can be found here.  Please check it out.

June 24, 2011 -    I love a good British comedy, and few are better than Monty Python And The Holy Grail.  One of my favorite scenes is “Bring Out Your Dead,” in which John Cleese’s character attempts to put a nearly deceased, elderly man on the “death cart”, while the elderly man cries out “I’m not dead yet….I’m getting better.”  Unfortunately for the old man, as he breaks into cries of “I feel happy…I feel happy,” the scene ends with the mortician, played by Eric Idle, clubbing him over the head to expedite his passing.

Why is this morbid scene on my mind this morning?  Naturally it is because of yesterday’s U.S. Supreme Court decision in Pliva v. Mensing, 131 S. Ct. 2567 (2011), which proves that preemption of prescription drug failure to warn claims based on “impossibility” is indeed not dead yet, even in the wake of the Supreme Court’s 2009 decision in Wyeth v. Levine, 555 U.S. 555, 129 S. Ct. 1187 (2009). [Read more →]