(CN) – A woman who claims she was harmed by a generic form of Reglan can sue the manufacturer of the name-brand acid-reflux drug, but not the producers of generic versions, a California appeals court ruled.
Elizabeth Conte blamed her serious neurological condition on her long-term use of the generic form of Reglan, a drug that treats gastroesophageal reflux disease.
She sued the manufacturer, Wyeth Inc., and three makers of the generic form of the drug.
The trial court granted summary judgment in favor of all the drug manufacturers, but Justice Siggins ruled that Conte’s doctor may have relied on Wyeth’s labeling in prescribing the drug. Siggins also agreed with the trial court that this was a case of negligent misrepresentation, not products liability.
Siggins reversed the trial court’s decision for Wyeth but upheld the court’s summary judgment in favor of generic drugmakers Pliva, Teva and Purepac.