Supreme Court of Arkansas· 3/18/1991

West v. Searle & Co.

Citations

806 S.W.2d 608
305 Ark. 33
1991 Ark. LEXIS 160

How courts have described this case

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

concluding that \application of the learned intermediary rule is appropriate in the case of oral contraceptives\
holding that, although one count of complaint alleged strict liability, complaint nevertheless failed to plead sufficient facts to state causes of action for defective manufacture or inadequate warning
reversing summary judgment in favor of pharmaceutical company because the warnings the “learned intermediary” relied upon were not properly in the record, which meant the trial court did not have any evidence regarding the adequacy of the warnings
\[W]e are convinced that the stated public policy reasons for the learned intermediary doctrine are present with respect to oral contraceptives.\
“[I]t is virtually impossible in many cases for a manufacturer to directly warn each patient.”
\[I]t is virtually impossible in many cases for a manufacturer to directly warn each patient.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Dudley, Hays, Brown

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Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

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