Beyond Preemption of Generic Drug Claims

2015

Read the full article (PDF) >

Recent research indicates that the current cost of generic medications in the United States is the highest in history. Many patients are no longer able to afford life saving medications that were once affordable only five years ago. Concurrent to the rising prices of generic drugs, pharmaceutical companies have lauded preemption as a necessary and viable solution to combat the increasing prices. Two recent Supreme Court decisions, PLIVA, Inc. v. Mensing and Mutual Pharmaceutical Co. v. Bartlett, have agreed with this logic, and have attempted to pervert the Hatch-Waxman Act, and its corresponding ANDA approval process to shield generic drug manufacturers from liability.

Recent research indicates that the current cost of generic medications in the United States is the highest in history.

+ READ MORE - READ LESS

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Related Publications

Fall 2021
Are All Fiduciaries Created Equal?
Erica Ramsey - The Robins Kaplan Spotlight, Vol. 6, No. 3
Fall 2021
Context Matters: Fiduciaries and the Rule Against Self-Dealing
Brendan Johnson, Tim Billion - The Robins Kaplan Spotlight, Vol. 6, No. 3
Fall 2021
Update on DOL Fiduciary Rule
Michael Reif - The Robins Kaplan Spotlight, Vol. 6, No. 3
September 28, 2021
Briefly: Federal appeals: How much notice is enough?
Stephen Safranski and Geoffrey Kozen - Minnesota Lawyer
Back to Top