Patricia W. Salmon, Guardian Ad Litem of Timothy B. Salmon, a Minor v. Parke, Davis and Company

How courts have described this case

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

• applying North Carolina law in reversing summary judgment for defendant; compliance with federal laws and regulations concerning a drug does not in itself absolve manufacturer of liability
• applying North Carolina law and stating that “a manufacturer of an ethical drug must exercise reasonable care, commensurate with the risk, to warn physicians effectively of the drug’s inherent dangers” (emphasis added)
• “when a manufacturer does not change a warning it knows is widely disregarded, a jury may infer that the warning is insufficient.”
• \[T]he FDA's drug labeling decisions impose only `minimum' standards that are open to supplementation by state law through a jury's verdict enforcing a manufacturer's common law duty to warn.\
• overpromotion nullifies effect of valid warnings
• overpromotion nullifies effect of valid warnings

Source: CourtListener parenthetical corpus (CC0).