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Widener Univ. School of Law

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Tuesday, November 11, 2008

Brand Name Manufacturer Liable for Generics Made by Competitor

In a stunning decision last Friday, the California First District Court of Appeal held that drug manufacturers could be held liable for harm caused by a competitor's generic version of the same drug.  In its opinion (pdf), the court wrote:  "Wyeth owes a duty of care to those people it should reasonably foresee are likely to ingest metoclopramide in either the name-brand or generic versions when it is prescribed by their physicians in reliance on Wyeth's representations."   

As the Beck & Herrmann opine, the decision "effectively stands product liability law on its head."    More on the decision from The Recorder/law.com and Pharmalot.   Bob Egelko also has a report in the San Fran Chronicle.

- SBS 

http://lawprofessors.typepad.com/tortsprof/2008/11/brand-name-manu.html

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