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Liability Risk and Insurance

AAJ criticises Supreme Court over generic drug industry immunity

The American Association for Justice has said that the US Supreme Court recently “gave pharmaceutical companies another gift, largely shielding the generic industry from lawsuits for the design of their drugs.” This follows the second Supreme Court decision giving the generic drug industry immunity. In 2011, the Court decided generic makers cannot be held responsible for failing to warn about a drug’s side-effects, saying the generic maker is only making a ‘copy’ of the brand drug and must follow the brand drug’s label.

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