Generic Drug Pre-Emption – The Danger Worsens
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.