CA court rules Wyeth liable for injuries caused by generic medication
Pharma Compliance Alert, November 19, 2008
San Francisco’s First District Court of Appeal ruled Wyeth could be held liable for injuries suffered by a patient who took a generic version of Wyeth’s acid-reflux medication Reglan.
Elizabeth Conte sued Wyeth claiming she suffered a serious and irreversible neurological condition after using a generic version of Reglan for four years. She argued Wyeth should have warned physicians the drug and its generic version should not be taken for longer than 12 weeks.
San Francisco Superior Court Judge Robert Dondero granted summary judgment for Wyeth and three generic manufacturers, Pliva Inc., Purepac Pharmaceutical Co. and Teva Pharmaceuticals. The appeals court reversed the summary judgment for Wyeth, but upheld it for the three generic manufacturers.
In the ruling, Justice Peter Siggins wrote, “As the foreseeable risk of physical harm runs to users of both name-brand and generic drugs, so too runs the duty of care.”
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