2nd Judge Refuses to Allow Generic Claims Against Name Brand Drug Maker

FORT WORTH, Texas - A North Texas judge has ruled that product liability claims asserted by a plaintiff allegedly injured by a generic heartburn drug do not extend to the manufacturers of the generic's brand name product. Pustejovsky v. Wyeth Inc., et al., No., 07-103 (N.D. Texas).

Judge Terry R. Means of the U.S. District Court for the Northern District of Texas said April 3 that in a strict liability case, a manufacturer of an allegedly defective product does not have a duty to warn of hazards created by another manufacturer's product even where they might be used in connection …