California Supreme Court Denies Review of First Appellate District's Decision in Conte v. Wyeth Regarding Liability of Brand-Name Drug Manufacturer for Injuries Experienced by Patient Who Took Generic Drug

On January 21, the California Supreme Court declined to review the decision issued by the California Court of Appeal for the First Appellate District in Conte v. Wyeth (Case Nos. A116707, A117353; California Supreme Court No. S169116). The Court of Appeal's decision, issued in November 2008, held that Wyeth could be liable for failing to warn the plaintiff's doctor of certain side effects even though the plaintiff had not taken Wyeth's drug, but rather had taken a generic equivalent. In other words, under the First District's decision, an innovator drug company can potentially be liable for injuries suffered by a plaintiff who did not ingest their product.

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