MARTIN BY MARTIN v. Ortho Pharmaceutical Corp.

How courts have described this case

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

• \[Plrescribing physicians ... are in the best position to [take precautions] concerning the dangers associated with prescription drugs.\
• invoking prima facie negligence standard, but also requiring consideration of legislative intent where cause of action was based on federal regulation rather than state statute or ordinance
• invoking prima facie negligence standard, but also requiring consideration of legislative intent where cause of action was based on federal regulation rather than state statute or ordinance
• “[P]re-scribing physicians, and not pharmaceutical manufacturers, are in the best position to provide direct warnings to patients concerning the dangers associated with prescription drugs.”
• affirming summary judgment in favor of drug manufacturer where the plaintiffs sought “to premise a private cause of action in State court upon defendant’s alleged violation of [FDA regulations].”
• invoking prima facie negligence standard, but also requiring consideration of legislative intent where cause of action was based on federal regulation rather than state statute or ordinance

Source: CourtListener parenthetical corpus (CC0).