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Class action against generic manufacturers of drugs is dismissed

In Germain v. Teva Pharmacy, USA, Inc., the plaintiffs attempted to sue a generic drug manufacturer for wrongful marketing and failure to warn.  Their claims related specifically to the drug propoxyphene.  The District Court dismissed their action, as well as the action against the involved Brand Name manufacturers, and the Sixth Circuit appeals panel confirmed.  It concluded that applying Michigan law, the Michigan Supreme Court would not recognize a claim against the Brand Name manufacturers, and the generic claims could not be supported by evidence of independent negligence by the generic manufacturers.

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