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Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive

By Janice G. Inman

Alabama's Supreme Court in January rendered an unusual and potentially far-reaching decision in a case pitting a consumer against several drug manufacturers. While its holding in Wyeth Inc. v. Weeks, 2013 Ala. LEXIS 2 (1/11/13), applies only to cases brought in Alabama, the court's decision may lead to that state's becoming the preferred forum for certain types of drug litigation: those in which a consumer is injured by a generic version of a patented name-brand medication. In addition, while not dispositive, that court's rationale might prove persuasive in other jurisdictions.

An Allegation of Fraud

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