Alabama Allows Suit of Brand-Name Company for Generic Risks

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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