Minn. Federal Judge Awards Mirapex Makers Summary Judgment, Rejects ‘Innovator Liability’ Theory

MINNEAPOLIS — A Minnesota federal judge has adopted a magistrate judge’s recommendation that the makers of Mirapex be awarded summary judgment in a compulsive gambling action, ruling that because the plaintiff was only prescribed the drug’s generic equivalent, her claims are barred.

On Aug. 9, Judge Michael J. Davis agreed with the magistrate judge that the Indiana Product Liability Act bars claims based upon “innovator liability,” thereby relieving brand name drug manufacturers of liability in cases where only a generic equivalent was provided.

Indiana resident Katherine Gillette was prescribed Mirapex in 2001 for restless leg syndrome and her prescription was …