Patients who have been injured by generic versions of so many popular medications such as Accutane, Fosamax, Lipitor, Darvocet and others can now pursue generic drug lawsuits against brand name drug makers following an Alabama Supreme Court ruling Friday.
According to the New York Times on Friday, January 11, 2013, the Alabama Supreme Court ruled that people injured by generic drugs could now sue the name brand company for failing to warn about a drug’s risks, even though they took a generic version of the product, which the company did not even manufacture. The U.S. Supreme Court had previously barred most lawsuits against generic drug manufacturers since its decision in Pliva v. Mensing.
Although the decision applies only to Alabama, it is sure to be closely read by lawyers around the country with similar pending cases, whose clients have been barred from suing generic companies. This will hopefully pave the way for victims of generic drug injuries across the nation to receive compensation for their pain and suffering.
Patients who claim that Wyeth failed to properly warn them of Reglan’s risks have filed hundreds of lawsuits.
The Alabama case of Danny Weeks claimed that he developed tardive dyskinesia (TD), a movement disorder, after taking metoclopramide (MCP), the generic version of Reglan, to treat his gastroesophageal reflux (GERD). Mr. Weeks sued Actavis and Teva, the generic companies that manufactured the drugs, as well as Wyeth (purchased from Pfizer), who developed the drug, for failing to adequately warn about Reglan’s risks.