SABEL V. MEAD JOHNSON & CO.
737 F.Supp. 135 (1990)
NATURE OF THE CASE: This was a negligence and breach of warranty action.
FACTS: P took a drug, this drug caused him to develop a priapism, a prolonged painful
erection, which ultimately required surgery and left him impotent. During trial, P sought to
introduce a letter from a Dr. Paul Leber, Director of the FDA's Division of
Neuropharmacological Drug Products recommending that a boxed warning be included on the
drug's label to emphasize the risk of priapism and the potential need for surgery and the
threat of impotence. D objected on hearsay grounds and the court issued its ruling. P also
sought to introduce evidence of a meeting between D and Dr. Rubin Bressler, two of D's
employees, and five outside medical experts related to a Tuscon meeting regarding what
should D tell treating physicians regarding the possibility of priapism and what warnings
should appropriately accompany the drug. P sought admission of these tapes under 801(d)(2)
as an admission by D.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment