McNair v. Johnson & Johnson
- Case Date: 12/14/2017
- Project Name: Health Care Project
On May 11, 2018, the West Virginia Supreme Court of Appeals rejected the novel theory of “innovator liability,” which would have held branded pharmaceutical manufacturers liable for injuries allegedly caused by generic drugs they neither manufactured nor sold. The decision was a victory for WLF, which filed a brief in the case arguing that innovator liability, if adopted, would mark a sharp and unwarranted break from longstanding principles of tort law by conflating the “foreseeability” of an injury with the existence of a legal duty in the first place. The West Virginia high court agreed with WLF that state courts are in no position to second guess Congress’s carefully calibrated regulatory regime for generic and branded drugs. If any “fix” is necessary, it must ultimately come from Congress or the FDA.
More Information and Downloads:
5/11/2018: Download Ruling
12/14/2017: Download the Brief