Alabama Court holds patient injured by generic drug can sue brand-name manufacturer

The Alabama Supreme Court ruled on Friday in Wyeth v. Weeks that a patient who took a generic version of a drug may sue a brand-name drug manufacturer for failing to warn about a drug’s risks. In June 2011, the U.S. Supreme Court held in Pliva v. Mensing that injured patients' state-law failure-to-warn claims against generic-drug manufacturers are preempted by federal law because the Food and Drug Administration requires those manufacturers to use labeling that is the same as the brand-name labeling. Therefore, a suit against the brand-name company may be a patient's only avenue to seek compensation for injuries. Although most courts have held that a patient who took the generic drug cannot sue the brand-name company because that company owes no duty to an individual who was not its customer, the issue is a state-law question, and the answer may vary from state to state.

On a related issue, the opening brief in the U.S. Supreme Court is due this week in Mutual Pharmacuetical Co. v. Bartlett. The Court will consider in that case whether a design-defect claim brought under New Hampshire law against a generic-drug manufacturer is impliedly preempted by federal law.

0 thoughts on “Alabama Court holds patient injured by generic drug can sue brand-name manufacturer

  1. Checkosalav says:

    Drugs are the most dangerous thing i have come across, its after affect are worst it leads to the birth of several fatal diseases. So its my request to all the addicted to quit it as early as possible and strict action must be taken on them.

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