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Written by Jamie Simpson, LawServer Attorney-Editor
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Last Updated November 11, 2008 |
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In a decision going against precedent, the San Francisco 1st Court of Appeals has ruled that a name-brand drug manufacturer can be held liable for injuries resulting from use of the generic version provided by competing companies, reports The Recorder. The original case, in which patient Elizabeth Conte sued name-brand drug maker Wyeth, Inc. claims fraud and negligent misrepresentation of the company's drug Reglan, which contains the active ingredient metoclopramide. Conte reportedly used the generic version for more than four years, resulting in an irreversible neurological condition. Attorneys for Conte argued that Wyeth should have warned doctors that Reglan and generic versions should not be used for more than 12 weeks at a time. The appeal court upheld original rulings in favor of generic manufacturers Pliva Inc., Purepac Pharmaceutical Company and Teva Pharmaceuticals Inc.
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