Wyeth V. Weeks: Implications For Pharma Manufacturers
February 6, 2013, 12:38 PM EST
Law360, New York (February 6, 2013, 12:38 PM EST) -- Recently, the Supreme Court of Alabama adopted brand-name manufacturer liability for a generic drug sold by another company, becoming the first state supreme court to do so. Wyeth Inc. v. Weeks, No. 1101397 (Ala. Jan. 11, 2013). The court held that a generic drug user could foreseeably rely on a brand-name drug warning and maintain a failure-to-warn claim against the brand-name manufacturer, even when the plaintiff did not ingest that manufacturer’s drug.
Certified Questions from District Court
Danny and Vicki Weeks filed suit against four pharmaceutical...