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Ninth Circuit· 1/22/1968

Davis v. Wyeth Laboratories, Inc.

Citations

  • 399 F.2d 121

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • the difference between implied warranty and strict liability in tort “is largely one of terminology”
  • “[0]ther means of communication such as advertisements, posters, releases to be read and signed ... or oral warnings ... could easily have been undertaken ....”
  • in case of polio vaccine which was denominated a prescription drug but was not dispensed as such, warning by manufacturer to its immediate purchaser did not suffice
  • [o]rdinarily in the case of prescription drugs warning to the prescribing physician is sufficient
  • “[o]rdinarily in the case of prescription drugs warning to the prescribing physician is sufficient”
  • duty to warn exists even though chance of contracting polio only 1 in 1,000,-000

Source: CourtListener parenthetical corpus (CC0).

Judges: Hamlin, Merrill

Read full opinion on CourtListener

Cited by

133 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

Other cases named Davis v. Wyeth Laboratories, Inc.

1 other CourtListener record shares this case name.

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.