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

st only the generic versions of a drug.  Chris Hood , another of Weeks' attorneys at HGD, called the decision "compelling and well reasoned."

"The Alabama Supreme Court is the first and only supreme court of any state to adopt the theory of liability we advocate," Hood said.  "It correctly identified and applied basic tort principles overlooked by numerous lower courts which rejected similar theories,"  he added.  "The win is tremendously satisfying, particularly because it makes clear that Danny has recourse for his injuries."

Prior to the win, over 70 courts across the country had sided with brand‑makers in similar cases.  Courts in only two states, California and Vermont, have allowed similar claims to proceed. Furthermore, the U.S. Supreme Court decision PLIVA, Inc. v. Mensing, issued in 2011, rejected a plaintiff's suit against generic drug makers for failing to warn about their products' risks.  That decision is based on federal preemption of state tort law.  Commentators agree that it forecloses claims against generic makers for inadequate warnings on drug labels.

"Alabamians injured by generic prescriptions now can hold the brand-maker accountable for understating the risks of the drug," Chris Hood explained.  "It is the right decision, and it stands on settled law of our state."

Alabama for decades has recognized that a person harmed by someone else's misrepresentation can sue that person even if the misrepresentation was made to a third party, not to the person actually harmed by it.  Weeks' claims that the brand-makers of Reglan misinformed his prescribing doctor by understating the risk of contracting tardive dyskinesia from the drug.  The doctor is owed a duty of truth on the part of the brand-makers, Weeks' attorneys argued ba
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SOURCE Heninger Garrison Davis
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