Product Liability & Mass Torts Digest
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July 14, 2020
|1 min read
Defending Against Innovator Liability Lawsuits
A minority of states have recognized a theory known as “innovator liability,” which permits plaintiffs who only ingested generic medications to sue the corresponding branded pharmaceutical company. Plaintiffs use this theory to avoid federal preemption laws, which often protect generic manufacturers from liability for failure-to-warn claims.