Yes, along with probably hundreds if not thousands of other people. There is no reason I shouldn't be able to pop the same drive into my older MBP and not have a problem. The problem lies with Apple's hardware. Are you to tell me that for every Apple you will ever own, you don't expect to be able to swap out the hard drive without an issue when you run out of space?
Any after market drive that has issues is the responsability of the disk manufactorer, not Apple. WHile they may play nice and help, Apple does not have to fix the issues if you did not buy the drive from them. Apple distributes patches for their hardware, not for hardware purchased elsewhere.
Did the drive say it was compatible with Mac OSX 5.8? If so you and the other thousands may have grounds for a class action against the drive manufacturer.