Generic Drug Pre-Emption – The Danger Worsens

Posted on November 27, 2011

Wyatt discusses the dangerous ruling of the U.S. Supreme Court in Pliva v. Mensing which overturned the 8th and 5th circuits’ decisions and held that federal drug regulations applicable to generic drug manufacturers directly conflict with and preempt plaintiffs’ state law claims. This absurdity means that people injured by dangerous “name brand drugs” can sue for relief while those injured by “generic drugs” have absolutely no remedy in the law at all.

Guest: Donald L. Crook, Jr., attorney from San Antonio, Texas

Listen to the Audio Podcast:

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

Show Resources:

Generic Drug Industry Fact Sheet
PLIVA v. Mensing Update Fact Sheet


PLIVA v Mensing Case


Part 1

Part 2

Leave a Comment

Your email address will not be published. Required fields are marked *