Law360 interviewed Blackwell Burke P.A. partner Peter J. Goss for an article about a recent Alabama Supreme Court ruling that branded pharmaceutical manufacturers could be liable for failure to warn in cases where the patient only took a generic version of the drug. This is the first decision to address the issue of “innovator liability” for generic drug injuries since the U.S. Supreme Court’s decision in PLIVA, Inc. v. Mensing (2011), which held that failure-to-warn claims against generic drug manufacturers are preempted by the Hatch-Waxman Act.
Mr. Goss explained that courts are struggling with the real-world consequences of Mensing, which effectively absolved generic drug manufacturers of liability for patient injuries. He predicted that the U.S. Supreme Court may take up the issue of innovator liability in the future to answer the question: “[I]f generics aren’t liable, who is?” The article, “Ala. Ruling May Mark Post-Mensing Trend for Brand Liability,” is available here.
Mr. Goss focuses his national practice on pharmaceutical and medical device product liability litigation and toxic torts. He has represented major pharmaceutical, medical technology, and chemical firms in hundreds of cases. Mr. Goss, who has won several published Daubert decisions, often serves as “science counsel” in life sciences litigation. He collaborates with leading experts to present complex medical and scientific evidence, both in dispositive motions and at trial. He is a frequent commentator on scientific evidence and legal developments of interest to FDA-regulated industries.
Blackwell Burke P.A., a litigation and trial boutique in Minneapolis, Minnesota, serves as national trial and litigation counsel for numerous Fortune 500 companies. The firm has extensive experience in class action defense, commercial litigation, food industry defense, labor and employment, and products liability. The firm has represented corporate clients in practically every jurisdiction in the country, as well as several foreign countries.