Judge Excludes Defense Expert Testimony in Sulindac Case

CONCORD, N.H. - Defense experts may not testify during a generic Clinoril injury trial on the issue of whether a generic drug maker has the ability or responsibility to strengthen a generic drug's safety warning, a Rhode Island federal judge has ruled. Bartlett v. Mutual Pharmaceutical Company Inc., No. CV-08-358-JL (D. N.H.).

Judge Joseph Laplante of the U.S. District Court for the District of New Hampshire ruled July 22 that such testimony would challenge the court's October 2009 ruling that nothing in the Food, Drug and Cosmetic Act prohibits generic manufacturers from post-approval modifications of their warnings.

In December 2004, …