Courts, Post-Conte, Decline to Recognize Innovator Liability Theory
16 March 2009
Mayer Brown Legal Update
In February and March of 2009, US District Courts in the Northern District of Texas and the Western District of Oklahoma as well as the Iowa District Court for Sac County all rejected the invitations of plaintiffs-consumers of generic drugs to recognize claims against name brand manufacturers for allegedly failing to warn doctors about the risks associated with the generic product. See Schrock v. Wyeth, Inc., et al., --- F.Supp.2d ----, Case No. CIV-080453-M, 2009 WL 635415 (W.D. Okla. Mar. 11, 2009); Cousins v. Wyeth Pharma., Inc., et al., No. 3:08-CV-0310-N, (N.D. Tex. Mar. 10, 2009); Huck v. Trimark Physicians Group, et al., No. LACV018947, (Iowa Dist. Ct. Feb. 27, 2009).