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Robert Blanchard
Robert Blanchard
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Are there Alternatives after the Mensing decision?

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I have been closely following Smith v. Wyeth, the Sixth Circuit Reglan case that was stayed in anticipation of Mensing.

According to Wyeth and Schwarz, as of November 2010, there were actually 50 decisions in 22 different states that have rejected Conte-type claims. A recent letter from Wyeth discloses seven decisions that were decided between June and November 2010. I know there have been more decisions since that time — so I wouldn’t be surprised if they can now argue that a majority of the states have addressed the issue. It should also be noted that many products liability acts specifically bar recovery against non-sellers and non-distributors. Bottom line – It will be a long uphill battle for those hurt by generic drugs.