BRYANT V. HOFFMANN-LA ROCHE, INC. 585 S.E.2d 723 (2003) CASE BRIEF

BRYANT V. HOFFMANN-LA ROCHE, INC.

585 S.E.2d 723 (2003)

NATURE OF THE CASE: Bryant (P), husband, filed an action as executor of his deceased's wife's estate against Hoffman (D), pharmaceutical manufacturer, a doctor, and others, alleging negligence, breach of warranty, strict product liability, and loss of consortium. D's motion in limine to exclude testimony by P's expert witnesses and its motion for summary judgment on P's claims was granted. P appealed.

FACTS: Carolyn was being treated for cardiac problems. Her doctor prescribed a number of medications including Betapace. He increased the Betapace dosage, and on August 25, he prescribed Posicor, a heart medication that D had recently placed on the market. Posicor is a calcium channel blocker medication used to treat high blood pressure and angina. She took the Betapace at approximately 7:00 a.m., and again at noon, and took Posicor for the first time at approximately 10:00 a.m. that day. That afternoon, P found her at the bottom of the stairs in her home, and it was later determined that she had suffered severe brain injuries. P filed suit against Hoffmann-La Roche, Inc. in his capacity as executor of the estate of his late wife.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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