Design Defect Claim Against Generic Manufacturer Preempted, U.S. High Court Rules

WASHINGTON, D.C. — State law design defect claims that turn on the adequacy of a generic drug’s warnings are federally preempted, the U.S. Supreme Court has ruled, overturning a lower court’s finding that the drug maker could have complied with federal and state law by pulling the drug from the market.

On June 24, the high court majority, led by Justice Samuel Alito, found that under the Supremacy Clause, state laws that clash with federal law have no effect, even in the absence of an express preemption provision.

In December 2004, Karen Bartlett was prescribed Clinoril, a non-steroidal anti-inflammatory drug, …