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Plaintiff can sue brand-name drugmaker for injury caused by generic

Steven M. Sellers

The Alabama Supreme Court ruled 8-1 that a plaintiff could sue Wyeth, Inc., Reglan’s manufacturer, for injuries caused by a generic version produced by another manufacturer. The decision distinguished Pliva, Inc. v. Mensing, holding that Wyeth could be liable for its misrepresentations about the drug’s risks even when a patient is treated only with the generic version of the medication. Louis Bograd, senior litigation counsel for the Center for Constitutional Litigation in Washington, D.C., called the ruling “a lifeline to plaintiffs injured by inadequately labeled generic drugs.”

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