California Becomes First State to Recognize Innovator Liability
26 January 2009
Mayer Brown Legal Update
On January 21, 2009, the California Supreme Court declined petitions to review the appellate court decision in Conte v. Wyeth, Inc., et al., 85 Cal. Rptr. 3d 299 (Cal. Ct. App. 2008). In Conte, the appellate court held that Wyeth, a name brand manufacturer of Reglan® (a prescription drug used to treat gastroesophageal reflux disease), has a duty to warn patients whose doctors allegedly rely on Wyeth's labeling information for name brand Reglan® when prescribing the drug, regardless of whether the patient's prescription is filled with the name brand drug or a generic version.