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Wyeth, Inc. v. Weeks

Supreme Court of Alabama
159 So.3d 649 (Ala. 2014)


Danny Weeks (plaintiff) used a generic version of the prescription drug metoclopramide and allegedly suffered injury from such use. Weeks sued Wyeth, Inc., et al. (defendants), the brand name manufacturers of the drug, in the United States District Court for the Middle District of Alabama. Weeks asserted that the defendants misrepresented facts about metoclopramide to his doctor. Weeks admitted that the defendants did not manufacture the generic version of the drug, which he took. The defendants filed a motion to dismiss, arguing that they cannot be held liable for injury caused by a product that they did not manufacture. The district court certified this question for the Supreme Court of Alabama.

Rule of Law


Holding and Reasoning (Bolin, J.)

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