Rafferty v. Merck & Co., Inc.
SJC-12347Argue Date: Monday November 6, 2017
*Summary: Torts; Drug Labeling-- Whether the plaintiff has stated a claim against a brand name drug manufacturer for inadequate labeling where the plaintiff took a generic version of the drug manufactured by another drug company that was required to use the same labeling as appeared on the brand name drug.
Justices: Gants, C.J., Gaziano, Lowy, Budd, Cypher, JJ.
Appellant: Brian Rafferty
Counsel for Appellant: Emily E. Smith-Lee, Esquire , David L. Johnson, Pro Hac Vice Attorney
Appellee: Merck & Co., Inc.
Counsel for Appellee: Richard L. Neumeier, Esquire, William L. Parker, Esquire, Aaron Rice, Pro Hac Vice Attorney, Charles F. Morrow, Pro Hac Vice Attorney
Court Appealed From: Middlesex Superior Court
Lower Court Judge: Kenneth J. Fishman, J.
Route to SJC: Sua Sponte Transfer from Appeals Court
Amici Curiae: The Pharmaceutical Research and... , International Association of Def..., The Product Liability Advisory Council
*Summary is not an official part of the court proceedings, it is presented so that those who access the website will have a general understanding of the legal issues in the case.Access published opinions - View SJC Docket Information