“A drug manufacturer may be liable for negligent misrepresentation even though it would not be liable in strict products liability because it did not manufacture or sell the product which harmed the consumer, the First District Court of Appeal held Friday.
Reversing San Francisco Superior Court Judge Robert L. Dondero’s grant of summary judgment in favor of Wyeth Inc., Div. Three ruled that the pharmaceutical company owed a duty of care in formulating its product warnings extended to patients who were injured by generic versions of Wyeth’s medications.
Wyeth manufactures and markets a medication containing metoclopramide, sold under the trade name Reglan, which is used to treat gastroesophagel reflux disease. Purepac Pharmaceutical Company, Teva Pharmaceutical USA Inc., and Pliva Inc. all manufacture generic versions of metoclopramide. ”