ON THE ROAD TO RECOVERY: PROVIDING GENERIC DRUG CONSUMERS WITH A REMEDY IN FAILURE-TO-WARN CASES

On March 16, 2018, in Rafferty v. Merck & Co., the Supreme Judicial Court of Massachusetts held that brand-name drug manufacturers owe generic drug users a duty to not act recklessly in creating and updating warning labels. Courts deciding this issue have disagreed about whether and to what exte...

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Bibliographic Details
Published in:Boston College law review 2024-01, Vol.65 (6), p.2165-2181
Main Author: Bradley, Katelyn
Format: Article
Language:English
Subjects:
FDA approval
Generic drugs
Negligence
State laws
Online Access:Get full text
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Summary:On March 16, 2018, in Rafferty v. Merck & Co., the Supreme Judicial Court of Massachusetts held that brand-name drug manufacturers owe generic drug users a duty to not act recklessly in creating and updating warning labels. Courts deciding this issue have disagreed about whether and to what extent a duty should be imposed on brand-name manufacturers concerning injuries caused by generic products they do not produce. The Supreme Judicial Court is among the minority of courts that has correctly imposed a duty on brand-name manufacturers in this context. Its imposition of a recklessness standard, however, is incorrect because it inappropriately weighs public policy concerns.
ISSN:0161-6587
1930-661X