CSG Files Supreme Court Brief in New Hampshire Case
The U.S. Supreme Court will hear oral arguments March 19 in Mutual Pharmaceutical v. Bartlett, which involves a woman who suffered a rare side effect from a generic nonsteroidal anti-inflammatory drug.
The Council of State Governments filed an amicus brief supporting the state of New Hampshire.
Karen Bartlett was prescribed the drug sulindac for shoulder pain and later suffered a rare side effect that left her with severe burns and nearly blind. Bartlett won a lawsuit against the manufacturer based on the New Hampshire’s drug design-defect laws. The ruling was upheld on appeal, but the Supreme Court agreed to review the case to determine if New Hampshire’s laws conflict with the federal Food, Drug and Cosmetic Act.
The issue is whether federal law pre-empts state law in prescription drug tort liability cases against generic drug companies. CSG’s brief argues that New Hampshire’s law does not meet the standards for pre-emption set down in related Supreme Court rulings.
Read the amicus brief and get more information on CSG’s Legal Task Force here.