Conte v. Wyeth, Inc., et al.


Plaintiff developed tardive dyskinesia, a debilitating and incurable neurological disorder. She alleges that she developed the condition after taking metoclopramide for almost four years. The name brand form of the drug, Reglan, is manufactured by Wyeth, Inc. Plaintiff only used the generic version of the drug. Plaintiff claimed that the Wyeth knew or should have known of the tendency of doctors to prescribe the drug for long periods of time, even though it had only been approved for 12 weeks of use. Plaintiff filed a Complaint alleging that she was injuriously exposed to metoclopramide due to Wyeth’s dissemination of false, misleading, and/or incomplete warnings about the drug’s side effects. The court granted the summary judgment motion filed by Wyeth on the ground that a name-brand manufacturer does not owe a duty of care to users of generic versions of the drug, which are manufactured by other companies.


Reversed. The common law duty to use due care by a name-brand prescription drug manufacturer when providing product warnings extends to both consumers of its product and those whose doctors foreseeably rely on the name-brand manufacturer’s product information when prescribing a drug, even if the generic form of the drug is ultimately used to fill the prescription.