http://blogs.wsj.com/pharmalot/2014/08/ ... ons_healthShould brand-name drug makers be held liable if consumers are harmed by a medicine made by a generic rival?
The Alabama Supreme Court believes the answer is yes. And the court has upheld its own controversial ruling that Pfizer can be sued by an Alabama man who claimed he was injured by a generic version of its Reglan heartburn medicine. Why? The brand-name drug maker purportedly failed to warn his physician about the risks.
Who caused this problem? Why, the FDA caused it. The FDA ruled that a generic maker of a drug cannot add to or subtract from the warnings attributed to the original name-brand drug.
Seems like the FDA should be sued. Does Pfizer still make Reglan? If so, did they know of this potential problem? If so, why didn't they add a warning to it? You can see the convolution.
Pfizer will fight this to the Supremes, I suppose. 27 other similar suits have been rejected by various state supreme courts.
Good 'ol Tums is what we're left with if the lawyers have their way.