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June 14, 2013

Alabama Court to Reconsider “Innovator Liability” Decision

On Thursday, the Alabama Supreme Court agreed to revisit a controversial ruling that held a brand-name drugmaker liable for the generic version of one of its products.  The ruling has raised concerns that it could open the door to a flood of lawsuits seeking to hold companies liable for products they didn’t make.

“In January, the state high court found that plaintiff Danny Weeks could sue Wyeth, the maker of brand-name heartburn drug Reglan, for failing to warn about the possibility of developing a neurological disorder that causes involuntary movements, even though Weeks had taken the generic version of the drug made by two different manufacturers,” reports ThomsonReuters.  “The Alabama justices had reached their decision based on court filings, without hearing oral argument on the issue.”

A hearing has been scheduled for September. 

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