Supreme Court of Alabama

Wyeth, Inc. v. Danny Weeks and Vicki Weeks

August 15, 2014159 So. 3d 649

Summary

The court answered the certified question affirmatively, holding that Alabama law permits a plaintiff injured by a generic prescription drug to pursue fraud or misrepresentation claims against the brand-name manufacturer based on allegedly inadequate or misleading warnings. The court reasoned that the claim is distinct from a products-liability claim, that federal labeling requirements cause generic labels to replicate brand-name labels, and that the learned-intermediary doctrine supplies a legally sufficient relationship through the prescribing physician. Justices Murdock, Moore, and Parker dissented on duty, certification, and relationship grounds, while Justice Shaw concurred specially to emphasize the ruling's narrow scope.