Shanks v. Upjohn Co.

How courts have described this case

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

• recognizing the learned intermediary doctrine under Alaska law
• refusing to adopt Comment K because many courts had interpreted it to be a blanket immunity for drug manufacturers, opting instead for a traditional analysis leaving the potential for liability open
• “In a sense, prescribing doctors are the consumers of prescription drugs. It is the doctor’s evaluation of the patient’s condition and consideration of the available treatment alternatives which leads to the choice of a specific prescription drug product.”

Source: CourtListener parenthetical corpus (CC0).