Massachusetts Supreme Court
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As a federal appeals court in Chicago prepares to hear arguments later this month on the question of whether a drug company should bear responsibility for the effects of a generic equivalent medication they did not make or sell, pharmaceutical company GlaxoSmithKline has asked the judges to lend weight to a West Virginia Supreme Court delivered in recent days, which declared using drug warning labels to hold innovators liable for harm caused by a generic copy of their product would “sever the connection between risk and reward,” both raising prices and reducing innovation.
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The thinking behind a Massachusetts ruling that brand-name manufacturers can he held liable for injuries suffered by patients who take generic versions of the drug those manufacturers innovate could have bearing in a case before a federal appeals court in Chicago.
