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Preemption Preference: Supreme Court Seems Wary Of Having Jurors Override FDA Safety Decisions

This article was originally published in The Pink Sheet Daily

Executive Summary

During oral arguments in Mutual Pharmaceutical v. Bartlett, some justices seemed reluctant to close off a pathway for plaintiffs to seek compensation for generic drug injuries, but others indicated that it should be up to FDA rather than juries to make the call on whether a drug’s benefits outweigh its risks.

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