Skip to main content
· 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 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.