Section 6-5-530, Ala. Code 1975; Abrogation of Wyeth, Inc. v. Weeks, 159 So. 3d 649 (Ala. 2014)

Forest Laboratories, LLC v. Feheley, [Ms. 1180387, Oct. 25, 2019] __ So. 3d __ (Ala. 2019). The Court (Wise, J.; and Parker, C.J., and Bolin, Bryan, Sellers, and Mitchell, JJ., concur; Mendheim and Stewart, JJ., concur in the result) accepts an Ala. R. App. P. 5 permissive appeal from the Calhoun Circuit Court seeking review of an order denying a prescription drug manufacturer's motion for summary judgment wherein it contended that the Alabama Legislature's promulgation of § 6-5-530, Ala. Code 1975, abrogated the Supreme Court's prior decision in Wyeth, Inc. v. Weeks, 159 So. 3d 649 (Ala. 2014), such that the prescription drug manufacturer could not be liable for the murder/suicide alleged in plaintiff's complaint when it was undisputed that the version of the antidepressant medication taken was manufactured by a generic drug manufacturer. Reviewing the history of the Legislature's promulgation in 2015 of Act 2015-106, which later became codified as § 6-5-530, in the context of the Supreme Court's decision on rehearing in Wyeth v. Weeks, the Court holds that the Legislature in promulgating § 6-5-530 intended to abrogate the holding of Wyeth v. Weeks, such that the manufacturer of a brand-named drug cannot now be held liable for fraud or misrepresentation based on statements made in connection with the manufacture of the brand-named prescription drug when the plaintiff's claim is based on a physical injury caused by a generic version of that drug manufactured by a different company.

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