Alabama Allows Suit of Brand-Name Company for Generic Risks

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The Alabama Supreme Court ruled yesterday that Danny Weeks, who had developed tardive dyskinesia after taking generic versions of Wyeth’s Reglan, could sue Wyeth for failure to warn of Reglan’s risks. The Alabama Supreme Court decision ruled that “an omission or defect in the labeling for the brand-name drug would necessarily be repeated in the generic labeling, foreseeably causing harm to a patient who ingested the generic product.” “It has national implications,” said a Texas lawyer who specializes in such cases.

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Kermit Cole
Kermit Cole, MFT, founding editor of Mad in America, works in Santa Fe, New Mexico as a couples and family therapist. Inspired by Open Dialogue, he works as part of a team and consults with couples and families that have members identified as patients. His work in residential treatment — largely with severely traumatized and/or "psychotic" clients — led to an appreciation of the power and beauty of systemic philosophy and practice, as the alternative to the prevailing focus on individual pathology. A former film-maker, he has undergraduate and master's degrees in psychology from Harvard University, as well as an MFT degree from the Council for Relationships in Philadelphia. He is a doctoral candidate with the Taos Institute and the Free University of Brussels. You can reach him at [email protected]