Torkie-Tork v. Wyeth

How courts have described this case

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

• finding that FDA approval of a drug does not preempt an action for defective design
• holding whether plaintiff’s proposed alternative designs—lowering dosage or substituting natural for synthetic progestin— would “fundamentally alter” the drug as to render it an entirely different product was an issue of fact properly submitted to a jury.
• granting Wyeth summary judgment on the claim for fraudulent misrepresentation, but not for the claims of fraudulent concealment and negligent design defect
• reading Brockert for the proposition that the question whether minor \changes would fundamentally transform [an allegedly defective product] into a completely different product [may be] a genuine issue of fact appropriate for jury resolution\
• “Important in this regard is that an alternative design must not be an altogether essentially different product . . . Put another way, an alternative design is not reasonable if it alters a fundamental and necessary characteristic of the product.”

Source: CourtListener parenthetical corpus (CC0).