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In Conte v. Wyeth, a California appellate court held that the manufacturer of a brand name drug could potentially be held liable for an injury allegedly caused by the generic version of the drug.

Our earlier rant about that case was here.

Today, the California Supreme Court refused to review the appellate court decision. Although we can’t yet locate the order on the California Supreme Court website, counsel in the case received the following e-mail notice:

CONTE v. WYETH, INC.
Case: S169116, Supreme Court of California
Date (YYYY-MM-DD): 2009-01-21
Event Description: Petitions for review denied
Notes:
Baxter, J., is of the opinion respondent’s petition should be granted.

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FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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