Tuesday, August 26, 2014
The Alabama Supreme Court recently denied rehearing in Weeks v. Wyeth, letting stand a holding that name-brand manufacturers can be liable for misrepresentations or failures to warn in regard to generic drugs they did not manufacture or distribute. The rationale appears to be the FDA's requirements that the name-brand manufacturer provide the material for the drug label contents. Generic manufacturers are not allowed to alter those contents. Two views of the case, one from Richard Garrett of the Alabama Policy Institute, and the other from Lew Garrison, who represented the plaintiff.