Innovator Liability in Massachusetts

Posted on: January 1, 2016 Zofran

After reading this article I wanted to see how Massachusetts’ courts had ruled on the issue of innovator liability. A majority of them found that brand name manufacturers were not liable for injuries caused by use of their identical generic versions. The courts’ reasoning seemed to be summed up in its holding in Kelly v. Wyeth where it stated “a manufacturer of one product owes no duty of care to one who did not use their product.” Kelly v. Wyeth, 2005 WL 4056740, at 5 (Mass. Super. May 6, 2005)

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