Back in April, we put up a post complaining about Weeks v. Wyeth, 2011 WL 1216501 (M.D. Ala. March 31, 2011), one of the few courts anywhere not to dismiss a Conte-type non-manufacturer liability claim for failure to state a claim. Instead, contrary to five prior Alabama decisions (and literally scores of cases nationwide, see our branded in generic case scorecard), Weeks allowed a plaintiff who solely used a generic product (and only paid generic prices) to proceed with a pure foreseeability/fraud claim against the “brand name” manufacturer of a drug that the plaintiff never used.
Anyway, after restating all our gripes about Conte-style non-manufacturer liability, we closed that post with...
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