Legal Opinion
Foster v. American Home Products Corp.
Court of Appeals for the Fourth Circuit
Decided July 14, 1994No. Nos. 93-1627, 93-1664PublishedCited by 36 opinions
1Opinion of the Court
Affirmed by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Judge NIEMEYER and Judge HAMILTON joined.
OPINION
CHAPMAN, Senior Circuit Judge:
American Home Products Corporation/Wyeth-Ayerst (“Wyeth”) is a prescription drug manufacturer. Craig and Karen Foster brought suit against Wyeth when their daughter Brandy died after being given the generic equivalent of one of Wyeth’s brand name prescription drugs. The district court granted summary judgment for Wyeth *167as to the Fosters’ products liability counts because Wyeth did not manufacture the drug Brandy was given, but it allowed…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
- Jacques v. First National BankCourt of Appeals of Maryland · 1986
- Owens-Illinois, Inc. v. ZenobiaCourt of Appeals of Maryland · 1992
- Martens Chevrolet, Inc. v. SeneyCourt of Appeals of Maryland · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- T.H. v. Novartis Pharmaceuticals CorporationCalifornia Supreme Court · 2017
- Conte v. Wyeth, Inc.California Court of Appeal · 2008
- Sarah Speed v. Wyeth Pharmaceuticals, Inc.Court of Appeals for the Sixth Circuit · 2013
- Smith v. Wyeth, Inc.Court of Appeals for the Sixth Circuit · 2011
- Mensing v. Wyeth, Inc.Court of Appeals for the Eighth Circuit · 2009
31 more not listed; retrieve them via the Exa API.