Plaintiff Lacks Privity With Brand Name Manufacturers, Judge Rules

MOBILE, Ala. - An Alabama federal judge has adopted a magistrate judge's recommendation that claims of fraud/misrepresentation and breach of warranty brought against the makers of Reglan be dismissed because the plaintiff only ingested the generic form of the drug and lacked privity with the name brand makers. Overton v. Wyeth Inc., No. 10-0491 (S.D. Ala.).

On April 7, Judge Kristi K. DuBose of the U.S. District Court for the Southern District of Alabama accepted Magistrate Judge William E. Cassady's finding that the plaintiff's alleged injury is not a "proximate consequence" of the brand name manufacturers' alleged misrepresentations.

Gayle Overton …