Topic: the manufacturer's duty to caution against a drug's side ef… · Go Syfert
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Topic #27072

4 canonical passages across 3 cases, quoted by 15 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Martin v. Hacker.

#Case FlagCanonical passage Citers
1 Martin v. Hacker Anchor
ny · 1993
green “the manufacturer's duty to caution against a drug's side effects is fulfilled by giving adequate warning through the prescribing physician, not directly to the patient.” 4
2 DiBartolo v. Abbott Laboratories
nysd · 2012
green “a plaintiff must demonstrate that the warning was inadequate and that the failure to adequately warn of the dangers of the drug was a proximate cause of his or her injuries.” 4
3 DiBartolo v. Abbott Laboratories
nysd · 2012
green “under new york law, a pharmaceutical manufacturer has a duty 'to warn of all potential dangers in its prescription drugs that it knew, or, in the exercise of reasonable care, should have known to exist.” 4
4 Salva v. Blum
nyappdiv · 2000
green “lack of informed consent is not a theory of liability upon which an injured person may sue the manufacturer of a defective product.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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