On March 16, 2018, in a very disappointing decision, the Massachusetts Supreme Court adopted an expansive theory of civil liability known as “innovator liability.” The state joins perennial Judicial Hellhole, California, as the only other state to adopt this dangerous theory of liability. The Alabama Supreme Court adopted “innovator liability” in 2014, but the decision was quickly overturned by the legislature.

In Rafferty v. Merck, the court held that a brand-name drug manufacturer can be sued for recklessness if it intentionally failed to update the label on its drug, knowing that there is a risk of death or injury with its use, that makers of generic versions must adopt . . . → Read More: ATRA Disappointed in Massachusetts Supreme Court’s Decision to Adopt Expansive Theory of “Innovator Liability”