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Tort/Negligence – Pharmaceuticals – Off-Label Use – Wrongful Death – Generic Manufacturers – Preemption – Learned Intermediary Doctrine (access required)

Bean v. Upsher-Smith Pharmaceuticals, Inc. (Lawyers Weekly No. 002-166-17, 17 pp.) (R. Bryan Harwell, J.) 4:16-cv-01696; D.S.C. Holding: Despite plaintiff’s allegations that the defendant-generic amiodarone hydrochloride manufacturers engaged in their own off-label use marketing efforts and took advantage of Wyeth ...

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