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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.