Nancy C. Lindsay and Bruce H. Lindsay 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.

• New York law requires a manufacturer of a prescription drug to warn doctor, not patient, of potential dangers
• [u]nlike most other products . . . prescription drugs may cause untoward side effects despite the fact that they have been carefully and properly manufactured
• “ethical or prescription drugs [are] aptly described as ‘unavoidably unsafe products’ [and are] not deemed defective or unreasonably dangerous so long as they are accompanied by proper directions for use and adequate warnings as to potential side effects”
• \The failure to give adequate warnings is the 'defect' in the product ... The full burden of proving that such a defect existed and that this was a proximate cause of ... injury remain[s] at all times on the plaintiffs.\
• “A plaintiff who seeks recovery for an injurious side effect from a properly manufactured prescription drug must prove that the drug caused her injury and that the manufacturer breached a duty to warn of the possibility that the injurious reaction might occur.”
• oral contraceptives that can cause stroke

Source: CourtListener parenthetical corpus (CC0).