We were critical of the First Circuit decision in Bartlett v. Mutual Pharm. Co., and called for Supreme Court review. The Supreme Court today reversed the horrifically bad decision—but disturbingly, did so only on a 5-4 vote. [Scotusblog page]
Drug and Device Law Blog is sure to have interesting commentary, as they consistently have had during the case's pendency.
While there are those who complain that generic manufacturers get protection that other pharmaceutical companies do not, the problem arises because Wyeth v. Levine was wrongly decided. Unfortunately, the only legislative movement to correct the discrepancy would go in the opposite direction, resulting in a wealth transfer from consumers and government to wealthy trial lawyers, raising the cost of healthcare dramatically.