Legal Opinion

Smith v. Wyeth, Inc.

Court of Appeals for the Sixth Circuit

Decided September 22, 2011No. 09-5460, 09-5466, 09-5509PublishedCited by 59 opinions

1Opinion of the Court

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

Plaintiffs Lala Smith, Alice Wilson, and Dennis Morris developed tardive dyskinesia as a result of their use of generic metoclopramide, a drug prescribed for the treatment of gastroesophageal reflux disease. They filed individual actions against various manufacturers of generic metoclopramide, alleging that the defendants failed to include adequate information on product labels concerning the risks of taking the drug long-term and seeking damages under Kentucky state law for failure to warn. They also named as parties Wyeth, Inc., and Schwarz…

2Cases cited8 opinions

  1. PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
  2. Conte v. Wyeth, Inc.California Court of Appeal · 2008
  3. Monsanto Co. v. ReedKentucky Supreme Court · 1997
  4. Colacicco v. Apotex Inc.Court of Appeals for the Third Circuit · 2008
  5. Holbrook v. RoseCourt of Appeals of Kentucky (pre-1976) · 1970

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3Cited by59 opinions

  1. Schrock v. Wyeth, Inc.Court of Appeals for the Tenth Circuit · 2013
  2. Yanise Germain v. Teva Pharmaceuticals, USA, IncCourt of Appeals for the Sixth Circuit · 2014
  3. Sarah Speed v. Wyeth Pharmaceuticals, Inc.Court of Appeals for the Sixth Circuit · 2013
  4. Eleanor Fulgenzi v. PLIVA, Inc.Court of Appeals for the Sixth Circuit · 2013
  5. Rafferty v. Merck & Co., Inc.Massachusetts Supreme Judicial Court · 2018

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