Kellogg v. Wyeth

How courts have described this case

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

• holding brand-name manufacturer has duty to use reasonable care where consumers were provided generic bioequivalent of its drug
• concluding, under Vermont law, that brand-name manufacturers owe a duty of care to physicians who prescribe and patients who ingest the generic drug
• observing that the Vermont Supreme Court has “neither adopted nor rejected these sections of the Restatement”
• predicting that the Supreme Court of New Mexico would not adopt the learned intermediary doctrine
• asserting that Vermont has neither adopted nor rejected the learned intermediary doctrine
• distinguishing cases that agreed with Foster on the basis that many had statutes defining the scope of permissible actions against manufacturers, whereas “Vermont has not enacted such a statute”

Source: CourtListener parenthetical corpus (CC0).