Alabama High Court Vacates Certification of Duract Class

MOBILE, Ala. - The Alabama Supreme Court has vacated the certification of a class of health insurers in a suit accusing Wyeth of unjustly enriching itself in connection with Duract, an anti-inflammatory drug that was taken off the market in the late 1990s due to its association with liver problems. Wyeth Inc. v. Blue Cross and Blue Shield of Alabama, No. 1050926 (Ala. Sup.).

In a Jan. 15 opinion, the court ruled that Blue Cross and Blue Shield of Alabama failed to meet the prerequisites for class certification under Alabama Rules of Civil Procedure 23(a) and 23(b)(3).

In 1997, Wyeth …