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Drugs - Products Liability

Stevens v. Parke, Davis & Co., 507 P.2d 653 (Cal. 1973)

Who did plaintiffs sue?

What did each party complain of on appeal?

What happened to Beland?

Who was the injured person?

Who are the plaintiffs?

What was plaintiff's initial condition?

How did Beland correct it?

When was the procedure?

Why did he give her the drug first?

When was the last dose?

When was she referred to Kurnick and why?

What did he find?

When did she die?

How did the physician's conduct in this case compare with that of the doc in the Aralen case?

What is the actual drug and what was its history?

What did the FDA require in 1952?

What other warning did defendant provide?

What happened in 1961?

What did Beland say about the label?

What detail men tell the docs?

Did they provide any warnings?

What promotions did not carry warnings?

What was the misleading information provided? (fn4)

When did the FDA require warnings to be provided during this period?

Had the PDR every carried warnings?

Did they put them back in?

What did the jury award?

What did the court do that precipitated this appeal?

What is the appeals court's procedural problem with the trial court's ruling? (just after fn12)

Why wasn't the judges discussion of the reasons at oral argument enough?

What did the judge say about the damages? (fn13)

Why did the appeals court reverse Miller?

What did the court do with the order for a new trial and the reduction of damages?

What is the standard for appeals court's review of the plaintiff's evidence for negligence?

What must the defendant convince the court?

Does the court balance the evidence?

What is the "overpromotion" theory?

What does defendant say to rebut this?

Are these appropriate claims on appeal?

What is the standard of sec. 388 of the Restatement?

Why is this especially appropriate for drugs?

Does 388 require that the patient be warned?

When is complying with the FDA rules not enough?

What happened in Love v. Wolf?

What did the Love court say about defendant's actions as regards overpromotion?

What did the Incollingo court say about defendant's actions?

What did this court rule as regards overpromotion?

What facts did the court use to support this finding?

What did this court say about detail men?

What did defendant say about Beland's negligence?

What was the court's first reason to reject this defense of intervening cause?

What evidence could the jury have looked to in deciding that this was a linked cause, rather than an intervening cause?

How did Beland form his opinion on the drug? (fn17)

What lie did the detail men allegedly tell?

What is the court's second reason for not finding intervening cause?

Why was Beland's actions foreseeable?

What did plaintiff's counsel do that defendant characterized as misconduct?

How did defendant screwup this point on appeal?

What did plaintiff's counsel say?

What did the plaintiff's counsel in Love do?

What did the trial judge do in Love?

How did the trial judge sanitize the plaintiff's counsel's conduct?

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