S.F. Appeals Court Reinstates Lawsuit on Drug Side Effects
On Friday, the First District Court of Appeal in San Francisco unanimously ruled to restore a San Francisco woman's lawsuit against the drugmaker Wyeth for problems arising from her use of a generic version of its antiheartburn medication Reglan, the San Francisco Chronicle reports.
A Superior Court judge had dismissed the suit.
The appeals court concluded that a jury should decide the case, ruling that the woman's physician's decision to prescribe Reglan might have been influenced by the warnings that the company distributed with the product.Â
The woman argues that the warning label understated the drug's risks, a charge that Wyeth denies.
Justices also permitted the woman's suit against Wyeth to proceed although she had taken a generic form of the drug.Â The woman also has filed suit against the manufacturer of the generic version of the drug.
As a defense, Wyeth also has argued that it cannot be sued over a label that FDA approved.Â The U.S. Supreme Court is considering a similar case (Egelko, San Francisco Chronicle, 11/8).This is part of the California Healthline Daily Edition, a summary of health policy coverage from major news organizations. Sign up for an email subscription.