A Florida woman who claims that she was injured by Teva Pharmaceutical Industries Ltd.'s generic version of a brand-name drug manufactured by Wyeth LLC and Schwarz Pharma Inc. can't sue any of the companies, a U.S. Court of Appeals for the Eleventh Circuit panel ruled on Tuesday. The panel unanimously found that the woman's claims against Teva were barred by the U.S. Supreme Court's 2011 ruling in Pliva v. Mensing (which placed limits on suits against generic drug makers), and that her claims against Wyeth and Schwarz were barred by Florida state law.
The ruling added to what has already been a banner week for Teva counsel Jay Lefkowitz, the Kirkland & Ellis partner already known for winning Mensing. On Monday, Lefkowitz racked up another Supreme Court victory in Mutual Pharmaceutical Co. v. Bartlett.
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