Category: Failure to Warn

New Mexico Dangerous Drugs – Wyeth v. Levine Should Apply To Generic Drugs

In a victory for consumers, last Friday the Fifth Circuit Court of Appeals agreed with the lower court that individuals may sue generic drug makers in state court for the “failure to warn” consumers of potentially dangerous side effects from taking their drugs. This decision shadows last March’s Supreme Court decision in Wyeth v. Levine,… read more