Legal Opinion
Rafferty v. Merck & Co.
Massachusetts Superior Court
Decided May 23, 2016No. MICV201304459Published
1Opinion of the Court
Fishman, Kenneth J., J.
During and after ingesting finasteride, the generic equivalent of the drug Prosear, the plaintiff, Brian Rafferty, experienced certain side effects. He commenced this action against the defendant Merck & Co., Inc. (“Merck”), the manufacturer of Prosear, and against the defendant Sidney Rubenstein, M.D., his prescribing physician, seeking damages for the harm he suffered as a result of ingesting finasteride. This case is before this Court on Merck’s motion to dismiss the claims against it. After hearing, and upon review and consideration, the motion is ALLOWED.
BACKGROUND
F…
2Cases cited20 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Wyeth v. LevineSupreme Court of the United States · 2009
- Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008
- PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
- Commonwealth v. FordeMassachusetts Supreme Judicial Court · 1975
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