Brand Name Drug Makers Liable for Injuries from Generics

This Week’s News
Dr. Mike highlights the latest news about drug-related issues.

Last week, a California appeals court ruled that pharmaceutical companies that sold brand name drugs can be held liable for injuries caused not only by their own brand name medication, but also for injuries caused by the generic versions of the drug.

The case involved a lawsuit by Elizabeth Conte, who had developed tardive dyskinesia after taking a generic version of the heartburn medication Reglan (metoclopramide ) for almost four years. Tardive dyskinesia causes involuntary muscle movements, which may be incurable.

Although Ms. Conte took only the generic version of Reglan, she accused the brand name manufacturer, Wyeth (along with three generic drug makers) of failing to appropriately warn of the risk of long-term use of the drug.

In reaching its unanimous decision, the court cited evidence that Ms. Conte’s doctor may have relied on product information about Reglan that was distributed to physicians by Wyeth when he decided to prescribe the generic version of the drug.

Read the entire ruling: Elizabeth Conte v. Wyeth, Inc.

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