• Name-Brand Drug Manufacturers May Have Duty to Warn Users of Generic Versions
  • December 7, 2009 | Author: Deborah A. Little
  • Law Firm: Buchanan Ingersoll & Rooney PC - Pittsburgh Office
  • Out of California, on an issue of first impression, an appellate court in January held a name-brand prescription drug manufacturer's duty to use due care when providing product warnings extends to patients whose prescriptions are filled with the generic version of the drug. See Conte v. Wyeth, Inc., 168 Cal. App. 4th 89, 85 Cal. Rptr. 3d 299 (2009). Because the factors examined by the California court to determine whether a duty was owed are similar to the factors Pennsylvania courts consider, it is conceivable that such a ruling from a Pennsylvania court may be looming in the near future.