Key Democratic lawmakers are at odds with the Obama administration regarding a Supreme Court case on whether patients can sue over dangerous prescription drugs.
The court is scheduled to hear oral arguments Tuesday in a case that deals with lawsuits over generic drugs. A decision in the drug makers’ favor would likely bar patients from arguing in court that a generic drug was too dangerous to be prescribed.
“If the drug industry gets their way, the last and only backstop may be gone,” said Keith Jensen, the attorney who argued the lawsuit in lower courts.
The Supreme Court has been especially active over the past five years in deciding when patients can and can’t sue over the side effects of prescription drugs. Tuesday’s case will likely settle lingering questions about a small but high-impact class of lawsuits against generics.