Defining the Boundaries for Pre-emption of Drug Labeling Claims

2020-02-18T21:00:25+00:00 February 18th, 2020|Categories: Johanna L. Matloff, Julie L. Martin, Manufacturing Processes, Warnings and Code Compliance|Tags: , , |

Drug warning labels must comply with federal regulations and receive approval from the Food and Drug Administration (“FDA”) before going to market. Therefore, manufacturers may argue that state law actions related to the information contained in – or missing from – the labels should be preempted if it would be

Massachusetts Recognizes New Cause of Action Against Drug Manufacturers

2018-04-18T14:11:58+00:00 March 29th, 2018|Categories: Katherine Kelter, Manufacturing Processes, Pathology|

In a dramatic turnaround, the highest court in Massachusetts has recognized a cause of action against a drug manufacturer whose product was not even being used by the allegedly injured plaintiff. In Rafferty v. Merck & Co., 479 Mass. 141 (2018), Chief Justice Ralph Gants, speaking for the Supreme Judicial