Roger N. Morris quoted in article “Lawyers React To High Court’s Generic-Drug Liability Ruling”Law360 06/24/13
Following is an excerpt:
The U.S. Supreme Court ruled 5-4 Monday that users of generic drugs cannot bring state-law design defect claims against generics makers because the manufacturers cannot change a drug's design under federal law. Here, attorneys tell Law360 why the ruling is significant.
Roger Morris, Quarles & Brady LLP
"Today's decision provides generic-drug makers with almost 'bulletproof' protection from tort liability when choosing to produce a generic drug. Not only are generic-drug makers immune from adequate warnings on labels — see Pliva v. Mensing — today the court holds generic-drug maker Mutual Pharmaceutical Co. Inc. harmless for alleged design defect of the active ingredient in its medication. Generic-drug consumers appear to have little to no remedy in tort claims against generic-drug makers. This may cause more patients to pause before requesting a generic drug from their pharmacist and a review of federal law by Congress."