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· 8/18/1999

Porterfield v. Ethicon, Inc.

Citations

  • 183 F.3d 464
  • 1999 U.S. App. LEXIS 19615
  • 1999 WL 565826

How courts have described this case

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

  • recognizing that the duty of a prescription drug manufacturer is _to adequately warn the medical profession
  • holding that limitations began to run when plaintiff \knew\ her abdominal symptoms were associated with a mesh implant, despite that surgery revealed for the first time that the mesh had attached to her stomach and liver
  • opining that a product manufacturer is excused from warning each patient who receives the product only when the manufacturer properly warns the prescribing physician of the product’s dangers
  • observing that the manufacturer relies on the physician to pass on its warnings
  • holding producing cause negated when plaintiff alleged marketing defect in surgical mesh that caused abdominal infection, but surgeon testified that he was aware of the risk of infection and decided to use the mesh anyway
  • holding producing cause negated when plaintiff alleged marketing defect in surgical mesh that caused abdominal infection, but surgeon testified that he was aware of the risk of infection and decided to use the mesh anyway

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Duhé, Parker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.