In a devastating opinion for consumers, the Supreme Court has ruled that
generic drug companies cannot be held liable for failing to warn about known
side effects of medications they sell, so long as their labels are identical to
those of the original brand-name product. The ruling may have an impact
on thousands of generic drug lawsuits filed throughout the United States,
involving problems with generic versions of drugs like Reglan, Accutane, Darvocet, Zocor and others. In the recent Reglan lawsuit brought to trial, the 5-4 decision in Pliva
Inc. v. Mensing was
handed down by the Supreme Court today, split along ideological lines among the
justices.
The case before the court, Pliva Inc. v. Mensing, involved
metoclopramide, which is sold under the brand name Reglan. Reglan was approved
in 1980 as a treatment for digestive track problems. Two women had sued
Croatia-based Pliva Inc. and other generic drug manufacturers for failing to
provide warnings about Reglan tardive dyskinesia. Reglan did