Plaintiff was prescribed Cordarone, a drug manufactured by Wyeth, for a non-life-threatening heart condition. The pharmacist filled the prescription with the generic version of amiodarone, made by Sandoz. The plaintiff took the medication as prescribed, developed severe liver complications, allegedly a side-effect from the drug, underwent two liver transplants, and ultimately died. The plaintiff’s family filed suit against Wyeth alleging liability for: (a) failing to warn of the dangers associated with amiodarone; (b) understating the drug’s nature and adverse effects; (c) actively promoting the drug for off-label uses including atrial fibrillation; (d) misleading physicians and pharmacists regarding the risks of amiodarone, and downplaying the severity and duration of side effects; and (e) marketing, promoting and pushing amiodarone as a drug suitable to treat non-life-threatening heart conditions. The court found that Wyeth owed the plaintiff no legal duty, regardless of the theory of recovery asserted. “Mrs. Stanley did not use Wyeth’s product, so the plaintiffs cannot proceed with a products liability claim. Neither did they show that Wyeth owed them a duty of care, nor that they relied on representations made by Wyeth.” See Stanley v. Wyeth, Inc., 2007-2080 (La. App. 1st Cir. 5/2/08), 991 So.2d 31.
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