Generic Drug Makers Had No Duty to Send ‘Dear Doctor’ Letter, Pa. Court Affirms
December 2, 2020
DOCUMENTS
- Opinion
PHILADELPHIA — Two generic Reglan manufacturers had no duty to send a prescribing doctor a “Dear Health Care Provider” letter regarding updates to the drug’s warning label, a Pennsylvania appellate court has ruled, because they had already satisfied their duty to warn by including adequate warnings in the drug’s packaging.
In an Dec. 1 opinion, the Pennsylvania Superior Court rejected plaintiffs’ argument that the drug makers’ failure to send such a letter fell short of Pennsylvania law requiring drug manufacturers to provide warnings and related prescribing information to physicians.
“Pennsylvania law does not impose on drug manufacturers a duty to …
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