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BSCR Wins Motion to Dismiss Pharmaceutical Company in Product Liability Action Alleging Innovator Liability

BSCR obtained a dismissal of a pharmaceutical company client in a product liability case.  In that case, plaintiff alleged the pharmaceutical company was liable to the plaintiff despite the fact the plaintiff never ingested the brand name product.  The claimant asserted that, because the pharmaceutical company was the innovator of the brand name drug and the generic had to use the same labels as the branded product, the brand name should be liable to the plaintiff.  In granting the Motion to Dismiss, the District Court of the Southern District of Florida noted the Eleventh Circuit has found “that Florida law does not permit an injured consumer to recover from the brand name manufacturer of a prescription drug if the consumer only ingested the generic form of the drug.”

Services: Pharmaceutical & Medical Device, Product Liability
Attorneys: Thomas N. Sterchi

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