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Court: Can generic drug maker be sued over design?
Modern Healthcare

The Supreme Court seemed skeptical Tuesday of allowing generic drug manufacturers to be sued in state court for a drug’s design defects if federal officials approved the brand-name version the generic drug copied.

The justices heard arguments from generic manufacturer Mutual Pharmaceutical Co, Inc., which wants a $21 million judgment dismissed. A New Hampshire jury gave that to Karen L. Bartlett after she took sulindac, the generic form of the drug Clinoril, in 2004.

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