· 3/18/2002
Stahl v. Novartis Pharmaceuticals Corp.
Citations
- 283 F.3d 254
- 2002 WL 220916
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that an element of an LPLA claim is “that the defendant is a manufacturer of the product”
- stating that a plaintiff must prove only “that the defendant is a manufacturer of the product”
- noting that Louisiana follows the “learned intermediary doctrine,” in which a manufacturer need only warn the patient’s physician, not the patient himself, of the device’s potential harm
- noting that while claims under the LPLA are based on principles of strict liability, negligence, or warranty, these theories are not independently “available as theories of recovery against a manufacturer.”
- noting that while claims under the LPLA ate based on principles of strict liability, negligence, or wattanty, these theories ate not independently “available as theories of recovery against a manufacturer.”
- denying an intentional tort claim in a pharmaceutical product liability claim because it was not an available remedy under the LPLA
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Duhé, Benavides
Read full opinion on CourtListenerSourced 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.