Attorneys from Cetrulo LLP recently filed an amicus curiae brief in the Massachusetts Supreme Judicial Court on behalf of the Massachusetts Defense Lawyers Association in the matter of Rafferty v. Merck & Co., Inc. The amicus brief urges the Supreme Judicial Court to uphold the Superior Court’s decision to dismiss an action against a name-brand drug manufacturer for failure to warn about injuries caused by its generic drug competitor. In furtherance of this position, the brief incorporated arguments regarding separation of powers, public policy, and scientific authorities within the brief to bolster their position that name-brand manufacturers owe no duty to warn individuals who do not use their drugs.
Attorney Lawrence G. Cetrulo is the founding and managing partner of Cetrulo LLP, and has been a national leader in the defense and trial of toxic tort for over thirty-nine years. Attorney Kyle E. Bjornlund focuses his practice on the defense of complex toxic tort claims and sits on the Board of Directors of the Massachusetts Defense Lawyers Association. Attorney Elizabeth S. Dillon’s practice is focused primarily on employment, business, real estate, and probate litigation. Attorney Brian D. Fishman concentrates his civil litigation practice on asbestos litigation, premises liability, products liability, and insurance defense. Law Clerk Michael Dickman is in his final year of law school at Northeastern University.
View the amicus brief.