Amy Witherite-reports 1st District Court of Appeals rules drug companies are liable for generic injuries
Dallas drug product liability lawyer and a leading Texas product liability attorney Amy Witherite reports San Francisco court rules for injured woman. Wyeth drug company responsible for injuries caused by brand named and generic medications they manufacture.
November 11, 2008, Dallas, Texas (AmericanInjuryNews.com)–Beneficial news for all West Coast product liability attorneys. San Francisco’s 1st District Court of Appeals ruled drug manufacturers are liable for any injuries caused by their brand drugs, and for injuries caused by other companies’ generic versions. Elizabeth Conte sued Wyeth Inc., a New Jersey based drug company, in San Francisco. Conte claimed she developed a serious and irreversible neurological condition after long-term use of generic versions of Wyeth’s gatroesophageal reflux disease (GERD) medication. Reglan is the brand name of Wyeth’s drug and is marketed generically as metoclopramide. This medication is used widely to treat GERD and is intended for short-term use for a maximum of 12 weeks. Conte was prescribed the medication for several years and was made unaware of the short-term indication for the medication.
Committed defective drug product attorney, Witherite, affirms the U.S. Food and Drug Safety Administration (FDA) requires drug manufacturers provide the public and the FDA safety warnings for their products. With the recent product liability litigation, they might have to do the same for drug manufacturers piggybacking on their brand name medication success.
The appeals court cites, “…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.”
Concerned product liability advocate, Witherite, urges consumers to contact their doctors regarding any questions or concerns they may have about their medications. Contacting your local pharmacist and the www.fda.gov website for drug product safety alerts and recalls may provide you with valuable information about your medications.
AmericanInjuryNews.com provides a national forum for the publication of articles on a variety of breaking news topics including FDA drug safety alerts and recalls, product liability litigation, wrongful death claims and veterans affairs medical malpractice lawsuits. Information and news if provided by lawyers, reporters and other business professionals inorder to communicate valuable information to consumers in their communities.
News contributor: Amy K. Witherite, a Dallas product liability lawyer with experience in drug company litigation. Toll Free: (888) 407-6669 www.dallastexaspersonalinjurylawyer.com
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