· 11/20/2009
Alston v. CARACO PHARMACEUTICAL, INC.
Citations
- 670 F. Supp. 2d 279
- 2009 U.S. Dist. LEXIS 108865
- 2009 WL 4030728
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the drug label “is unequivocal in warning about the injuries allegedly sustained by Plaintiff and by providing Plaintiffs physician with specific detailed information on the risks of the [product]” (alteration in original) (internal quotation mark omitted)
- assuming that the FDA-approved label from 2004 was communicated to physicians
- dismissing failure to warn claim on summary judgment motion because “all of the alleged side effects described by [plaintiff were] specifically indicated as potential side effects in [the medication’s] package insert”
- “[Prescription medicine warnings are adequate when, as here, information regarding ‘the precise malady incurred’ was communicated in the prescribing information.”
- “The Plaintiff has not shown that a failure to warn ... was the proximate cause of his injuries, as his physicians were aware of the risks ...”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sweet
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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