In a blog post last June, we noted an Alabama Supreme Court ruling 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. The court had reasoned that the brand-name manufacturer could have foreseen that a physician prescribing the brand-name drug would rely on its product warning, even if the prescription were filled with the generic equivalent.
The January decision was issued on the briefs, without oral argument. Yesterday, the Alabama Supreme Court voted to hear argument in the case. In a brief order, the Court stated that it will hear argument in September.