McEwen v. Ortho Pharmaceutical Corporation

How courts have described this case

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

• construing the 1965 amendment to give drug manufacturers, and not the FDA, responsibility for the adequacy and timeliness of warnings
• adopting “learned intermediary” doctrine and concluding that manufacturers had failed to convey adequate warnings to prescribing and treating physicians
• warnings to physicians were not sufficient even though they met FDA standards
• warnings to physicians were not sufficient even though they met FDA standards
• discussing in a failure to warn case whether each defendants’ negligence could be found to be a substantial cause of plaintiffs ingestion of the oral contraceptive manufactured by that defendant
• “[A] motion to strike improper testimony must be made as soon as the ground for such a motion is disclosed”

Source: CourtListener parenthetical corpus (CC0).