Wyeth, Inc., et al. v. Weeks

NCLC urged the Alabama Supreme Court to hold that a brand-name drug manufacturer cannot be held liable to a plaintiff who alleges injury caused by a drug made and sold by a different and unrelated company. Based on the novel theory of “innovator-liability,” the plaintiff in this case seeks to hold Wyeth, Inc., the manufacturer of the brand-name version of the drug at issue liable for injuries allegedly caused by a version of the drug made and sold by a different company. In its amicus brief, NCLC argued that the plaintiff’s theory of liability, which would impose a duty where there is no relationship, is inconsistent with Alabama state law and would negatively impact innovation and investment by greatly increasing the risks and liabilities associated with developing new brand-name drugs.

This case is not yet decided.

Amicus brief filed 12/12/2011.