Case Updates
Outcome
August 15, 2014
According to the Alabama Supreme Court, “Under Alabama law, a brand-name drug company may be held liable for fraud or misrepresentation (by misstatement or omission), based on statements it made in connection with the manufacture of a brand-name prescription drug, by a plaintiff claiming physical injury caused by a generic drug manufactured by a different company.”
The Alabama Supreme Court’s opinion on rehearing reaffirmed its prior opinion that the generic drug company can be liable for a failure to warn claim by consumer of a generic drug.
Amicus brief in support of rehearingfiled 2/18/13. Notice to Parties re Mutual Pharmaceutical v. Bartlett sent 6/27/2013. Supplemental amicus brief on rehearing filed 8/1/13. Decided 8/15/2014.
Case Documents
- Wyeth, Inc., et al., v. Weeks (NCLC Amicus Brief).pdf
- Decision -- Wyeth v. Weeks (Supreme Court of Alabama).pdf
- NCLC Amicus Brief in Support of Rehearing -- Wyeth v. Weeks (AL Supreme Court).pdf
- Notice to the Parties re Mutual Pharmaceutical v. Bartlett -- Wyeth, Inc, et al. v. Weeks (AL Supreme Court).pdf
- NCLC Supplemental Brief -- Wyeth v. Weeks (Supreme Court of Alabama).pdf
- Opinion -- Wyeth, Inc., et al., v. Weeks (Supreme Court of Alabama).pdf