· 4/14/2009
Brockert v. WYETH PHARMACEUTICALS, INC.
Citations
- 287 S.W.3d 760
- 2009 Tex. App. LEXIS 2546
- 2009 WL 997438
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “a safer alternative design must be one for the product at issue” (emphasis added)
- holding a plaintiff cannot prove a safer alternative design by pointing to a substantially different product
- rejecting proposed alternative of removing problematic compound from medication because it would be an “entirely different” medication
- rejecting proposed alternative of removing problematic compound from medication because it would be an “entirely different” medication
- “Failure to raise a fact issue concerning a safer alternative design disposes of all of [the plaintiff’s] design-defect claims, including her negligent-design-defect claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jeffrey v. Brown
Read full opinion on CourtListenerSourced 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.