US justices block generic drug design defect lawsuits

The US Supreme Court ruled on Monday that makers of generic drugs already approved by the US Food and Drug Administration cannot be held liable under state law for claims of design defects. In a 5-4 vote, the court ruled for Mutual Pharmaceutical Co, a unit of URL Pharma, owned by Sun Pharmaceutical Industries. Justice Samuel Alito wrote the majority opinion.
Mutual had asked the nine-member court to overturn a $21 million jury award to Karen Bartlett, a New Hampshire woman who took Mutual's generic non-steroidal anti-inflammatory drug, sulindac, in 2004 after her doctor prescribed it for shoulder pain. Bartlett suffered a rare hypersensitivity reaction three weeks after she started taking it. Her skin began to peel off, leaving her with burn-like lesions over two-thirds of her body.