DONNA RICCI AND THOMAS RICCI, APPELLANTS,
v.
PARKE-DAVIS & COMPANY, A FOREIGN CORPORATION; WOMEN'S AWARENESS, INC., A DISSOLVED FLORIDA CORPORATION; SANDRA LEE YERGER, R.M. F/K/A SANDRA NYCUM: AND EDWARD BUONOPANE, M.D., APPELLEES
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The court held that the adequacy of a manufacturer's warnings about birth control pills is a jury issue, and summary judgment was inappropriate when a genuine issue of material fact existed.
Appellant sued a birth control pill manufacturer for personal injury due to an alleged failure to adequately warn. The trial court granted summary jud…
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STONE, Judge.
This is an appeal from an order granting summary judgment in favor of the defendant-manufacturer of birth control pills. Appellant had sued for personal injury resulting from an alleged failure to adequately warn.
It is undisputed that the appellee-manu-facturer had a duty to warn the medical community with respect to any potential side effects from the use of its product. Buckner v. Allergan, 400 So. 2d 820 (Fla. 5th DCA 1981), pet. for rev. denied, 407 So. 2d 1102 (Fla.1981). The primary issue to be tried in this case was the sufficiency of the warnings and information furnished by Parke-Davis & Company to the doctors and health care providers prescribing and administering the pills. The adequacy and sufficiency of these warnings is clearly a jury issue in Florida. MacMurdo v. Upjohn Co., 444 So. 2d 449 (Fla. 4th DCA 1983); Lake v. Konstantinu, 189 So. 2d 171 (Fla. 2d DCA 1966); Tampa Drug Company v. Wait, 103 So. 2d 603 (Fla.1958).
The appellee-manufacturer argues that there is overwhelming evidence that the doctors in this case all received and understood the warnings which were furnished, and that they considered the warnings and information provided by it to be adequate. However, plaintiff has raised a genuine issue of material fact, which was supported by the affidavit of at least one non-treating physician, placing in issue the adequacy of the warning.
Although there may be strong deposition testimony by the medical witnesses in favor of the defense, the appellant is entitled to have these disputed fact issues determined by a jury and not as a matter of law.
Accordingly, we reverse and remand for further proceedings.
GLICKSTEIN and GUNTHER, JJ„ concur.
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Felix v. Hoffmann-LaROCHE, Inc., 540 So. 2d 102 (Fla. 1989)…GRIMES, Justice. We review Felix v. Hoffmann-LaRoche, Inc., 513 So. 2d 1319 (Fla. 3d DCA 1987), because of apparent conflict with Tampa Drug Co. v. Wait, 103 So. 2d 603 (Fla.1958); Ricci v. Parke Davis & Co., 491 So. 2d 1182 (Fla. 4th DCA), review denied, 501 So. 2d 1283 (Fla.1986); MacMurdo v. Upjohn Co., 444 So. 2d 449 (Fla. 4th DCA 1983); and Lake v. Konstantinu, 189 So. 2d 171 (Fla. 2d DCA 1966). Jurisdiction is based on article V, section 3(b)(3), of the Florida Co…
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Felix v. Hoffmann-LaROCHE, Inc., 513 So. 2d 1319 (Fla. 3d DCA 1987)…ects of its prescription drugs. See Macmurdo v. Upjohn Co., 444 So. 2d 449 (Fla. 4th DCA 1983); Buckner v. Allergan Pharmaceuticals, Inc., 400 So. 2d 820 (Fla. 5th DCA), review denied, 407 So. 2d 1102 (Fla.1981); see also Ricci v. Parke-Davis & Co., 491 So. 2d 1182 (Fla. 4th DCA), review denied, 501 So. 2d 1283 (Fla.1986). If the warning given to the medical community is sufficient, then the drug manufacturer is not liable for injuries sustained by the physician’s patients as a result of the side effects of th…
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Bogorff v. Kjell Koch, M.D., 547 So. 2d 1223 (Fla. 3d DCA 1989)…s resulting from the use of its product. Davis v. Wyeth Laboratories, Inc., 399 F. 2d 121 (9th Cir.1968); Felix v. Hoffmann-LaRoche, Inc., 513 So. 2d 1319 (Fla. 3d DCA 1987), rev. granted, No. 71,633 (Fla. Mar. 18, 1988); Ricci v. Parke-Davis & Co., 491 So. 2d 1182 (Fla. 4th DCA), rev. denied, 501 So. 2d 1283 (Fla.1986); Buckner v. Allergan Pharmaceuticals, Inc., 400 So. 2d 820 (Fla. 5th DCA), rev. denied, 407 So. 2d 1102 (Fla.1981); McEwen v. Ortho Pharmaceutical Corp., 270 Or. 375, 528 P. 2d 522 (1974); Terh…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tampa Drug Co. v. Wait, 103 So. 2d 603 (Fla. 1958)
- Buckner v. Allergan Pharms., Inc., 400 So. 2d 820 (Fla. 5th DCA 1981)
- Lake v. Ilias Konstantinu and Parke, 189 So. 2d 171 (Fla. 2d DCA 1966)
- Anne Marie MacMURDO v. The Upjohn Co., 444 So. 2d 449 (Fla. 4th DCA 1983)