Negligence : Drug Manufacturer Defendants – Failure To Warn – Statute Of Limitations

Where a plaintiff who developed a permanent movement disorder after extended use of a drug brought an action against the drug manufacturers, the plaintiff only ingested the generic form of the drug, and summary judgment for the generic drug manufacturers on the plaintiff’s failure-to-warn claim based on the defendants’ failure to update their warning labels to include additional approved warning language is reversed and remanded since the claim was not preempted by federal law since the basis for the claim was Kentucky product liability law, but the trial court properly dismissed the remaining claims against the generic defendants, and the claims against the brand defendants were also properly dismissed.

Judgment is reversed in part; affirmed in part; remanded.

Nicely v. Wyeth, Inc. (MLW No. 66880/Case No. ED100313 – 5 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis County, Bresnahan, J. (Kristine Kraft and Jasper D. Ward for appellant) (Gerald T. Noce, Larry E. Hepler, Beth A. Bauer, Henninger S. Bullock, Kevin C. Newsom, James W. Childress, Kathy A. Reichbach, Sandra J. Wunderlich, Linda E. Maichl and Jeffrey F. Peck for respondents).

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