Legal Opinion
Patricia W. Salmon, Guardian Ad Litem of Timothy B. Salmon, a Minor v. Parke, Davis and Company
Court of Appeals for the Fourth Circuit
Decided August 11, 1975No. 74-2002PublishedCited by 58 opinions
1Opinion of the Court
BUTZNER, Circuit Judge:
The guardian ad litem of Timothy B. Salmon, a child who developed aplastic anemia after being treated with Chloromycetin, appeals from a summary judgment dismissing his action against Parke, Davis & Company, the manufacturer of the drug. 1 The principal allegations of negligence are that Parke, Davis failed to warn physicians effectively of the drug’s hazards and that it overpromoted the drug. Since jurisdiction is based on diversity of citizenship, the law of North Carolina, where Timothy was treated, is applicable. The district court held that Parke, Davis’ warning…
2Cases cited12 opinions
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Incollingo v. EwingSupreme Court of Pennsylvania · 1971
- Incollingo v. EWINGSupreme Court of Pennsylvania · 1971
- Pierce v. Ford Motor Co. Mahone v. Ford Motor CoCourt of Appeals for the Fourth Circuit · 1951
- Stevens v. Parke, Davis & Co.California Supreme Court · 1973
7 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Thom v. Bristol-Myers Squibb Co.Court of Appeals for the Tenth Circuit · 2003
- Stahl v. Novartis Pharmaceuticals Corp.Court of Appeals for the Fifth Circuit · 2002
- Judith Brochu and Emmanuel T. Brochu v. Ortho Pharmaceutical CorporationCourt of Appeals for the First Circuit · 1981
- In Re Zyprexa Products Liability LitigationDistrict Court, E.D. New York · 2007
- Graham Ex Rel. Graham v. Wyeth LaboratoriesDistrict Court, D. Kansas · 1987
53 more not listed; retrieve them via the Exa API.