Dolin v. GlaxoSmithKline LLC
- Case Date: 1/29/2018
- Project Name: Health Care Project
On January 29, 2018, WLF filed a brief with the U.S. Court of Appeals for the Seventh Circuit urging it to reject the novel theory of “innovator liability,” which would hold branded pharmaceutical manufacturers liable for injuries allegedly caused by generic drugs they neither manufactured nor sold. As WLF’s brief demonstrates, that approach to liability, if adopted by the court, 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. WLF also rebuts the plaintiff’s suggestion that federal preemption of certain state-law tort claims against generic drug manufacturers somehow justifies shifting the liability burden to the innovator manufacturer. Instead, WLF contends that 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 come from Congress or the FDA.
|Awaiting oral argument.|
More Information and Downloads:
1/29/2018: Download the Brief