FierceBiotechFierceBiotechResearchFierceBiotechITFierceVaccinesFiercePharmaFiercePharmaManufacturing   FierceHealthcare

Free Newsletter

About | View Sample | Privacy
Related Topics >> Wyeth | lawsuit | Conte v. Wyeth | Reglan

Is pharma liable for knockoff meds, too?

Tools

While we were watching Wyeth v. Levine have its day in the U.S. Supreme Court, another Wyeth case hit the California appeals courts--and what happened there stunned drug-law types. That's because three justices ruled Wyeth could be held liable for harm caused not by one of its own drugs, but by a generic version of a medication that went off patent more than 25 years ago.

In the case of Conte v. Wyeth, a woman alleged that she developed a neurological disorder because of her long-term use of metoclopramide, the copycat form of Wyeth's acid-reflux med Reglan. Conte argued that Wyeth should have warned doctors that Reglan and its generic forms shouldn't be used for more than 12 weeks at a time. The trial judge ruled for Wyeth.

But in a unanimous ruling, the appeals court reversed that decision. "As the foreseeable risk of physical harm runs to users of both name-brand and generic drugs," Justice Peter Siggins wrote in the court's opinion on the case, "so too runs the duty of care."

Will that verdict stand when it inevitably reaches the California Supreme Court? Liability lawyers want to say "No." Two attorneys who blog about drug and device law wrote that the ruling "stands product liability law on its head." And one of them, Mark Herrmann, a Jones Day partner, told Law.com, "Virtually all the precedents went the other way." And over at In the Pipeline, Derek Lowe pronounces himself incredulous. "How Wyeth can be held liable for the use of a product that it did not manufacture, did not label and did not sell is a mystery to me." Stay tuned.

- read the article at Law.com
- check out the In the Pipeline post
- see the story at AmLawDaily


SHARE
WITH:
Email Twitter Facebook LinkedIn StumbleUpon
Get Your FREE FiercePharma Email Newsletter:
Comments (5) | Post a comment
More stories about Wyeth   lawsuit   Conte v. Wyeth   Reglan  

Comments

Unbelievable, this would be like saying that the original patent for a car's air bag that had expired and somebody else was manufacturing a knockoff would be liable for the knockoff even though they don't produce said product any more. I bet Wyeth stopped detailing the drug 20 years ago. What if this physician was only in his/her early 30s and they prescribed this drug? There is no way that Wyeth would be able to inform the physician of this.

i hope all the drug companies that spin off to generics to boost their own profit knowing the consequences BE HELD RESPONSIBLE. they benefit from the selloff they should be liable for the out-come. if you sell someone something without the correct instructions you are responsible for liability. WHY SHOULD PHARMA be any different? it's called accountability. THIS is the business of life not simply JUST PRODUCTS.

If a pharma company loses its patent on a molecule to a generic maker then the generic maker should also be held responsible for the molecule that it wishes to benefit financially from. Let's face it the generic maker endured no R & D costs for the molecule's creation so why let them escape the liability too. If generic makers want the pill then they must take on the liability as well for those patients who took their generic drug. How would you feel if someone stole your creation and then let you assume all risk for the same theft?

A federal judge in Atlanta, Georgia rejected this legal argument. Swicegood v. Pliva, Inc., 543 F.Supp.2d 1351 (N.D.Ga. 2008).

To the first poster, the brand name pharma company usually makes no money on the generics. That is what the generics are in business for, that is why the patent period that the brand name pharma gets is so important and valuable.

Sorry, I should have said "first anonymous."

Post new comment

The content of this field is kept private and will not be shown publicly.

More information about formatting options

To combat spam, please enter the code in the image.