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The Supreme Court’s holding in Mensing does not extend to state law design defect claims against generic drugmakers, a three-judge panel of the First Circuit has held, affirming a $21 million jury award to a plaintiff who was injured by the generic anti-inflammatory drug sulindac. Louis Bograd, senior litigation counsel with the Center for Constitutional Litigation in Washington, D.C., said that while the decision is important, it is a limited exception to Mensing.