San Francisco Attorney Quoted in FDA Article Regarding Generics Lawsuits and FDA Approval
San Francisco attorney Kelly Savage Day was quoted in the FDA Week article "Another Court Rejects Generics’ Stance that FDA Approval Preempts Suits." Ms. Savage Day states "Although Levine has made it difficult for drug and device defendants to succeed on preemption grounds, the decision does not make preemption impossible. Properly read, Levine does not foreclose successful preemption arguments in certain cases. Unfortunately, courts are not reading it that way." She added that she anticipates that generics will have a hard time prevailing in cases involving preemption in light of Levine.
Pharmaceutical, biologic and medical device manufacturers rely on Kelly Savage Day for her industry knowledge, aggressive advocacy, and practical advice. She has served as national, regional and state counsel for a variety of clients, who utilize her ability to handle complex product liability litigation in state and federal court, at both the trial and appellate levels.