“Brand” New Law: Illinois Court Holds Brand Manufacturers Owe Duty of Care to Generic Users

Last week, a federal district court in Illinois held that GlaxoSmithKline (GSK), a branded drug manufacturer, owed a duty of care to a patient who took the generic version of its drug. Dolin v. SmithKline Beecham Corp., No. 1:12-cv-06403, slip op. (N.D. Ill. Feb. 28, 2014). This holding is a surprising deviation from the current trend, as most courts have held that “innovator liability” does not apply where plaintiff claimed injury from taking the generic product.

BACKGROUND -

The plaintiff, Wendy Dolin, is the widow of Stewart Dolin, who was an M&A partner at Reed Smith at the time of his death. Mr. Dolin was prescribed Paxil in 2010 for work-related anxiety and depression and, under Illinois’ substitution law, his prescription was ultimately filled with generic paroxetine manufactured by Mylan. Six days after he began to take paroxetine, Mr. Dolin died after jumping in front of a train in Chicago.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  Brand, Generic Drugs, GlaxoSmithKline, Pharmaceutical, Prescription Drugs

Published In: Health Updates, Products Liability Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »