· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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