Will Liability, Advertising Lawsuits Plague Biosimilars Market?
This article was originally published in Scrip
Executive Summary
While generic drug makers are shielded against failure-to-warn and design-defect lawsuits thanks to some rulings in recent years by the US Supreme Court – although that could change if an FDA proposal on updating labeling with safety information for those products goes into effect – that may not be the case for companies that make and market biosimilars, said Elaine Herrmann Blais, a partner and head of litigation at Goodwin Procter's Boston office.