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BARTLETT v. MUTUAL PHARMACEUTICAL CO., INC.

No. 10-2277.

678 F.3d 30 (2012)

Karen L. BARTLETT, Plaintiff, Appellee, Gregory S. Bartlett, Plaintiff, v. MUTUAL PHARMACEUTICAL COMPANY, INC., Defendant, Appellant, United Research Laboratories, Inc., n/k/a URL Pharma, Inc.; Brooks Pharmacy, Defendants.

United States Court of Appeals, First Circuit.

Decided May 2, 2012.

Attorney(s) appearing for the Case

Joseph P. Thomas with whom Linda E. Maichl, Paul J. Cosgrove, Ulmer & Berne LLP, Stephen J. Judge, Pierre A. Chabot and Wadleigh, Starr & Peters PLLC were on brief for appellant.

Joseph P. Lucia, David R. Geiger, Nabeel Ahmad, Foley Hoag LLP and Hugh F. Young, Jr., Product Liability Advisory Council, Inc., on brief for the Product Liability Advisory Council, Inc., Amicus Curiae.

Keith M. Jensen with whom Eric N. Roberson, Jensen & Associates, PLLC, Steven M. Gordon, Christine M. Craig and Shaheen & Gordon were on brief for appellee.

Louis M. Bograd, Center for Constitutional Litigation, P.C., Andru H. Volinsky, Chair, New Hampshire Association for Justice Amicus Committee, and Bernstein Shur, P.C. on brief for the American Association for Justice and the New Hampshire Association for Justice, Amici Curiae.

Before BOUDIN, STAHL and THOMPSON, Circuit Judges.

BOUDIN, Circuit Judge.

This products liability case arises out of severe and permanent injuries sustained by plaintiff Karen Bartlett after taking sulindac, a generic non-steroidal anti-inflammatory drug ("NSAID") manufactured by (among others) defendant Mutual Pharmaceutical Company ("Mutual"). Sulindac is known to cause, in rare instances, a hypersensitivity reaction called Stevens-Johnson Syndrome and its more generous cousin toxic epidermal necrolysis ("SJS/TEN...

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