Wyeth, Inc. v. Danny Weeks and Vicki Weeks

Summary

The court answered the certified question affirmatively, holding that Alabama law can permit a brand-name prescription-drug manufacturer to face fraud or misrepresentation liability for injuries caused by a generic version made by another company. The court treated the claim as a fraud claim rather than an AEMLD products-liability claim and reasoned that federal labeling rules require generic manufacturers to replicate the brand-name manufacturer's warnings, while Alabama law permits fraud claims based on representations made to a third party when reliance and causation are established. Justice Shaw concurred specially in emphasizing the decision's narrow scope, while Chief Justice Moore and Justices Parker and Murdock dissented on certification, duty, relationship, and federal-preemption grounds.