Wyeth, Inc. v. Weeks

Weeks (plaintiff) took a generic version of metoclopramide and allegedly suffered injury from it, then sued the brand-name manufacturers (defendants) for misrepresenting the drug's risks to his doctor — even though the defendants never made the generic version he actually took. The defendants moved to dismiss on the theory they couldn't be liable for a product they didn't manufacture, and the federal district court certified the question to the Alabama Supreme Court.

Whether a brand-name drug company may be held liable for fraud or misrepresentation, based on statements it made in connection with the manufacture of a brand-name prescription drug, by a plaintiff claiming physical injury caused by the generic version of the drug manufactured by a different company.