Court Says Wyeth Owes Duty for Injury Caused by Generic Reglan

SAN FRANCISCO - Brand-name drug manufacturers owe a duty to provide warnings not only to consumers who take the drug, but also to those whose doctors foreseeably rely on the brand named drug's product information when prescribing a generic equivalent, a California appeals court has ruled. Conte v. Wyeth Inc., et al., No. A116707 and A117353 (Calif. Ct. App., 1st Dist.).

Reversing an award of summary judgment to Wyeth, the First District Court of Appeal ruled Nov. 7 that the duty may arise under a theory of negligent misrepresentation, rather than strict liability, which generally applies to manufacturers of product …