Generic Drug Makers Had No Duty to Send ‘Dear Health Care Provider’ Letter, Pa. Appellate Court Affirms
October 22, 2020
PHILADELPHIA — Two generic Reglan manufacturers had no duty to send a prescribing doctor a “Dear Health Care Provider” letter regarding updates to the drug’s warning label, a Pennsylvania appellate court has ruled, because they had already satisfied their duty to warn by including adequate warnings in the drug’s packaging.
In an Oct. 19 opinion, the Pennsylvania Superior Court rejected plaintiffs’ argument that the drug makers’ failure to send such a letter fell short of Pennsylvania law requiring drug manufacturers to provide warnings and related prescribing information to physicians.
“Pennsylvania law does not impose on drug manufacturers a duty …