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Expert Analysis

Ill. 'Innovator Liability' Case Is Setback For Drug Cos.

Law360, New York ( March 14, 2014, 3:39 PM EDT) -- A federal district court in Illinois recently held that GlaxoSmithKline PLC, a branded drug manufacturer, owed a duty of care to a patient who took the generic version of its drug. Dolin v. SmithKline Beecham Corp. (2014). This holding is a surprising deviation from the current trend, as most courts have held that "innovator liability" does not apply where plaintiff claimed injury from taking the generic product....

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