W. Va. High Court: Plaintiffs Must Show Reliance to Satisfy Causation

CHARLESTON, W. Va. - The West Virginia Consumer Credit and Protection Act requires proof of reliance on alleged affirmative misrepresentations in order to satisfy the element of causation in private suits brought against drug companies, the state high court has ruled. White, et al., v. Wyeth, et al., No. 35296 (W. Va. Sup. Ct.).

In answering a certified question on Dec. 17, the West Virginia Supreme Court of Appeals concluded that prescription drug cases are not the type of private suits that fall under the terms and purposes of the WVCCPA because "the consumer can not and does not decide …