Navigation Links
Behind the Landmark Weeks Case
Date:1/28/2013

BIRMINGHAM, Ala., Jan. 28, 2013 /PRNewswire/ -- In a landmark decision, the Alabama Supreme Court ruled on January 11, 2013, that a patient who alleges injury from a generic prescription drug can sue makers of the brandname drug for failing to warn about the product's risks.  The ruling, which issued in favor of Plaintiff Danny Weeks, comes after courts across the country have rejected a similar theory of liability.  In his victory, Weeks was represented by attorneys of Heninger Garrison Davis, LLC, who argued the case before the state high court.

"We now have broad daylight for our claims against the brand-makers of Reglan," commented Lew Garrison , the HGD senior partner in charge of the case.  "It is a great win for Danny and vindicates our decision to sue the brand defendants."  The suit is pending in federal court in Montgomery, Alabama, and has been stayed pending the Alabama Supreme Court's decision on the question whether a plaintiff allegedly harmed by a generic medicine can sue the brandmaker of the drug.  The federal court certified the question to the high court.

Danny Weeks alleges that he developed tardive dyskinesia, a movement disorder, from a generic version of the acid reflux drug Reglan, and that the brand-name manufacturers of the medicine (Wyeth LLC, Pfizer Inc., and Schwarz Pharma, Inc.) failed to adequately warn about its risks.  Those brand defendants asked the federal court to certify the question.

In siding with Weeks, the Supreme Court reasoned that "an omission or defect in the labeling for the brand name drug would necessarily be repeated in the generic labeling, foreseeably causing harm to a patient who ingested the generic product."  The court distinguished Weeks' claims and argument from several prior decisions in favor of brand-makers sued by patients who inge
'/>"/>

SOURCE Heninger Garrison Davis
Copyright©2012 PR Newswire.
All rights reserved

Page: 1 2 3

Related medicine technology :

1. International Liver Research Community United Behind World Gastroenterology Organisation Action
2. AVAC Report Finds That World is Already Falling Behind Pace to End AIDS Epidemic; Five Essential Actions Needed in 2013 to Avoid Historic Missed Opportunity
3. Asubio Initiates Landmark Clinical Study in Spinal Cord Injury
4. Landmark Sleep Apnea, Heart Failure Study Recruits 1,000th Participant
5. Mylan Applauds Signing of Landmark "Food and Drug Administration Safety and Innovation Act"
6. President Obama Signs Landmark Accessible Prescription Drug Label Bill
7. PRA Participates in Landmark Alzheimers Prevention Clinical Trial
8. SurgiCount Medical Achieves Landmark Product Usage And Customer Milestones
9. Fuse Science Announces Landmark Licensing Agreement with Industry Leader Macular Health
10. Millennium Laboratories Announces Landmark Pharmacogenetics Clinical Outcomes Study
11. Study Results Demonstrate Analytical Treatment Interruption to Assess Antiviral Activity of Argoss Arcelis™ Personalized Immunotherapy for Treatment of HIV Patients, AGS-004, Is Acceptable Strategy for At Least 16 Weeks
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:10/30/2014)... -- Misonix, Inc. (NASDAQ: MSON ), an international ... innovative therapeutic ultrasonic instruments for spine surgery, neurosurgery and ... financial results for the first quarter fiscal year 2015 ... a conference call that same day, Thursday, November 6, ... Interested parties can access the conference ...
(Date:10/30/2014)... -- WuXi PharmaTech (Cayman) Inc. (NYSE: WX ), ... serving the pharmaceutical, biotechnology, and medical device industries, with ... the United States , today announced the ... Tel Aviv area of Israel.  ... of integrated R&D services to local customers. It will ...
(Date:10/30/2014)... , Oct. 30, 2014  Electronic health records ... a result of government initiatives and the considerable ... providers have invested over the past five years. ... health IT, and U.S. clinicians use them on ... http://photos.prnewswire.com/prnh/20141029/155278LOGO Frost & ...
Breaking Medicine Technology:Misonix, Inc. To Report First Quarter Fiscal Year 2015 Financial Results On Thursday, November 6, 2014 2WuXi AppTec Launches Representative Office in Israel, Forms Strategic Collaboration with Pontifax 2Electronic Health Record Usability: CIOs Weigh In 2Electronic Health Record Usability: CIOs Weigh In 3Electronic Health Record Usability: CIOs Weigh In 4
... Aug. 8, 2011 Insmed Incorporated (Nasdaq CM: INSM), a ... six-months ended June 30, 2011. Key Recent ... of data from the open-label phase 2 study of Arikace™ ... (CF) patients with Pseudomonas lung infections ...
... (NYSE Amex: ANX ) today reported financial results ... we head into the second half of the year, we ... into the U.S. market, should it be approved on or ... Brian M. Culley, Chief Executive Officer of ADVENTRX.  "Having a ...
Cached Medicine Technology:Insmed Announces Financial Results for Second Quarter and Six-Months Ended June 30, 2011 2Insmed Announces Financial Results for Second Quarter and Six-Months Ended June 30, 2011 3Insmed Announces Financial Results for Second Quarter and Six-Months Ended June 30, 2011 4Insmed Announces Financial Results for Second Quarter and Six-Months Ended June 30, 2011 5Insmed Announces Financial Results for Second Quarter and Six-Months Ended June 30, 2011 6Insmed Announces Financial Results for Second Quarter and Six-Months Ended June 30, 2011 7Insmed Announces Financial Results for Second Quarter and Six-Months Ended June 30, 2011 8ADVENTRX Reports Second Quarter 2011 Financial Results 2ADVENTRX Reports Second Quarter 2011 Financial Results 3ADVENTRX Reports Second Quarter 2011 Financial Results 4ADVENTRX Reports Second Quarter 2011 Financial Results 5ADVENTRX Reports Second Quarter 2011 Financial Results 6ADVENTRX Reports Second Quarter 2011 Financial Results 7
(Date:10/31/2014)... terms of duration of treatment and cost, patients ... accelerated partial breast irradiation (APBI) with proton therapy ... research from The University of Texas MD Anderson ... cost analysis study based on typical patient characteristics, ... charges for eight different types of partial and ...
(Date:10/31/2014)... 2014 Gold Medal Wine Club ... but tasteful gifts for the wine novice and enthusiasts on ... Gift Giving Special , which Early Bird shoppers receive discounts ... Club Gift membership. , Gift Givers must place their ... Besides offering discounts, Gold Medal Wine Club adds more value ...
(Date:10/31/2014)... scientists have found a drug combination that can trigger ... the way for new treatments, according to research that ... (NCRI) Cancer Conference in Liverpool next week*. , When ... chain of events culminating in self destruction. But cancer ... immortal. This means that cells grow out of control ...
(Date:10/31/2014)... October 31, 2014 Triple Board Certified ... hair restoration services to transform the appearance of military ... American Academy of Facial Plastic and Reconstruction Surgery (AAFPRS) ... to restore the facial hair Jones lost during an ... The pro-bono hair restoration procedure, valued around $16,000, took ...
(Date:10/31/2014)... Radiology and EMR Integration , “Surveys ... diagnostic imaging centers but Connectivity is Opportunity,” says ... “Differentiation is critical in all businesses today and ... the intense competition and the downward pressure on ... from the competition by fully integrating with the ...
Breaking Medicine News(10 mins):Health News:Proton therapy shown to be less costly than some alternative radiotherapy techniques 2Health News:Proton therapy shown to be less costly than some alternative radiotherapy techniques 3Health News:Gold Medal Wine Club now offering Early Bird Gift Giving Special for Holidays 2Health News:Scientists trigger self-destruct switch in lung cancer cells 2Health News:Miami Hair Restoration Specialist Transforms Wounded Soldier 2Health News:Diagnostic Imaging of Salem Expects Growth Partnering with DigitalOne 2
... PhD, FNP Join Together to Raise Awareness of Common, ... Fibromyalgia is often called an "invisible" illness because ... sick. However, something as simple as a hug ... fibromyalgia is one of the most common chronic, widespread ...
... China, May 12 /PRNewswire-Asia-FirstCall/ -- Jiangbo,Pharmaceuticals, Inc., ... "Company"),(which recently changed its name from Genesis ... U.S. pharmaceutical company with its,principal operations in ... today,that its management will present at the ...
... Online Resource, YouCanBeTheOne.com, Recommended to Help Guide Important Conversations ... YORK, May 12 The multi-disciplinary expert consortium known ... calling upon family and friends to proactively start a ... physician at the first sign of possible Alzheimer,s disease ...
... Commissioned by Non-Profit Identifies Unmet Needs of CaregiversWASHINGTON, May ... Wellness Community revealed many Americans who provide support to ... as a caregiver. In fact, only 20 percent ... estimate of 60 percent. This year, it is projected ...
... and Pharma on PanelWALTHAM, Mass., May 12 ... ) announced today that CEO Lewis H. Bender will ... Markers in Drug Development: How Personalized Medicine is Evolving ... May 18-21, 2009 in Atlanta, GA. The panel ...
... DOYLESTOWN, Pa., May 12 The Quigley Corporation (Nasdaq: ... today announced that the world,s leading independent proxy advisory ... Glass Lewis & Co. have recommended that stockholders vote ... investor Ted Karkus, solicitation seeking control of the Board ...
Cached Medicine News:Health News:VIDEO from Medialink, the National Fibromyalgia Association and Pfizer: The Painful Truth about Fibromyalgia 2Health News:Jiangbo Pharmaceuticals, Inc. to Present at CCG IR's China Rising Conference in New York 2Health News:Jiangbo Pharmaceuticals, Inc. to Present at CCG IR's China Rising Conference in New York 3Health News:Experts Urge Family Members and Friends to Seek Immediate Intervention for Their Loved Ones Who May Have Alzheimer's Disease (AD) 2Health News:Experts Urge Family Members and Friends to Seek Immediate Intervention for Their Loved Ones Who May Have Alzheimer's Disease (AD) 3Health News:Experts Urge Family Members and Friends to Seek Immediate Intervention for Their Loved Ones Who May Have Alzheimer's Disease (AD) 4Health News:Experts Urge Family Members and Friends to Seek Immediate Intervention for Their Loved Ones Who May Have Alzheimer's Disease (AD) 5Health News:Cancer Caregiver Distress Unrecognized and Under Reported 2Health News:Cancer Caregiver Distress Unrecognized and Under Reported 3Health News:Interleukin Genetics to Chair Expert Panel Discussion on Use of Biomarkers in Drug Development at BIO Convention 2Health News:Interleukin Genetics to Chair Expert Panel Discussion on Use of Biomarkers in Drug Development at BIO Convention 3Health News:Quigley Corporation Receives Support from Leading Independent Proxy Advisory Firms; RiskMetrics and Glass Lewis Reject Dissident Stockholder Ted Karkus, Citing Failure to Provide Detailed Business Plan 2Health News:Quigley Corporation Receives Support from Leading Independent Proxy Advisory Firms; RiskMetrics and Glass Lewis Reject Dissident Stockholder Ted Karkus, Citing Failure to Provide Detailed Business Plan 3Health News:Quigley Corporation Receives Support from Leading Independent Proxy Advisory Firms; RiskMetrics and Glass Lewis Reject Dissident Stockholder Ted Karkus, Citing Failure to Provide Detailed Business Plan 4