RESEARCH CORP.
v.
NASCO INDUSTRIES, INC.

U.S. | 1974-12-23
No. 74-498
Mr. Justice Blackmun took no part in the consideration or decision of this petition.
419 U.S. 1096 Supreme Court of the United States (1974) Caution
Cited by 108 cases

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Cited By (93 total)

  • Buckner v. Allergan Pharms., Inc., 400 So. 2d 820 (Fla. 5th DCA 1981)
    …Company, 90 Wash.2d 9, 577 P. 2d 975 (1978); 28 C.J.S. Drugs and Narcotics Supplement § 57 (1974). Compare Terhune, (characterizing the philosophy as a well established rule) with Reyes v. Wyeth Laboratories, 498 F. 2d 1264 (5th Cir.), cert. denied, 419 U.S. 1096, 95 S.Ct. 687, 42 L.Ed.2d 688 (1974) (characterizing the special standard as an exception to the restatement general rule). The rationale is explained in Reyes as follows Prescription drugs are likely to be complex medicines, esoteric in formula an…
  • Felix v. Hoffmann-LaROCHE, Inc., 540 So. 2d 102 (Fla. 1989)
    …rmediary” between the manufacturer and the consumer, weighs the potential benefits against the dangers in deciding whether to recommend the drug to meet the patient’s needs. Reyes v. Wyeth Laboratories, 498 F. 2d 1264, 1276 (5th Cir.), cert. denied, 419 U.S. 1096, 95 S.Ct. 687, 42 L.Ed.2d 688 (1974). Furthermore, there is no contention that the warning given in this case contained any misstatements. While there have been subsequent incidents of children born with birth defects after their mothers ingested A…
  • Bogorff v. Kjell Koch, M.D., 547 So. 2d 1223 (Fla. 3d DCA 1989)
    …anufacturers are held to the level of knowledge of an expert in the field. The duty to warn of a risk does not arise until the manufacturer knows or should know of the risk. Reyes v. Wyeth Laboratories, Inc., 498 F. 2d 1264 (5th Cir.), cert. denied, 419 U.S. 1096, 95 S.Ct. 687, 42 L.Ed.2d 688 (1974); Davis v. Wyeth Laboratories, Inc., 399 F. 2d 121 (9th Cir.1968); Ortho Pharmaceutical Corp. v. Chapman, 180 Ind.App. 33, 388 N.E. 2d 541 (1979); McEwen v. Ortho Pharmaceutical Corp., 270 Or. 375, 528 P. 2d 522 (…

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