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Ala court upholds generic drug decision

•  Law Firm News     updated  2014/08/19 14:51

The Alabama Supreme Court is standing by a decision that business sees as a defeat.

The court on Friday issued an opinion that mostly parallels its ruling last year in a generic drug case.

A divided court says the original decision isn't as broad as some are claiming. But a majority stuck by a 2013 decision saying a brand-name drugmaker can be held responsible by someone who took a generic medication made by a different company.

The Business Council of Alabama says it's disappointed. So is Wyeth, the drug manufacturer sued by Danny and Vicki Weeks over the man's use of a generic form of the brand-name medicine Reglan.

The Weeks filed suit in federal court, and a judge asked the Supreme Court to clarify state law.

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