479 Mass. 141 (2018)

BRIAN RAFFERTY, v. MERCK & CO., INC., & another.

Supreme Judicial Court of Massachusetts, Middlesex.

March 16, 2018.

Attorney(s) appearing for the Case

Emily E. Smith-Lee for the plaintiff.

Richard L. Neumeier ( Aaron R. Rice , of Mississippi, & David L. Johnson , of Tennessee, also present) for Merck & Co., Inc.

The following submitted briefs for amici curiae:

Michael X. Imbroscio & Gregory L. Halperin , of the District of Columbia, & Paul W. Schmidt for Pharmaceutical Research and Manufacturers of America & others.

Mark C. Fleming & Tyler L. Sparrow for International Association of Defense Counsel.

Hugh F. Young, Jr. , of Virginia, & David R. Geiger & Richard G. Baldwin for Product Liability Advisory Council, Inc.

Kannon K. Shanmugam , Allison Jones Rushing , & Connor S. Sullivan , of the District of Columbia, & Jennifer G. Wicht for Chamber of Commerce of the United States of America.

Lawrence G. Cetrulo , Kyle E. Bjornlund , Elizabeth S. Dillon , & Brian D. Fishman for Massachusetts Defense Lawyers Association.


Under Federal law, a manufacturer of a generic drug must provide its users with a warning label that is identical to the label of the brand-name counterpart. See PLIVA, Inc. v. Mensing, 564 U.S. 604, 613 (2011) (PLIVA). The issue on appeal is whether a plaintiff who alleges that he...

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