Legal Opinion

Deborah D. Timm and Robert H. Timm, Jr., Husband and Wife v. The Upjohn Company

Court of Appeals for the Fifth Circuit

Decided August 18, 1980No. 78-2476PublishedCited by 24 opinions

1Opinion of the Court

FRANK M. JOHNSON, Jr., Circuit Judge:

The plaintiffs, Deborah and Robert Timm, filed this diversity action in the district court for personal injuries to Deborah Timm, and consequential damages from those injuries, allegedly caused by her use of defendant The Upjohn Company’s drug Cleocin. 1 A jury in the United States District Court for the Eastern District of Louisiana found Upjohn negligent in its marketing of Cleocin; it further found that the negligence was a proximate cause of Deborah Timm’s injuries. Deborah Timm’s damages were set at $195,000 and her husband Robert’s damages were set…

2Cases cited11 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
  3. Frank Coughlin, Padre Concrete Corporation, A. W. Van Cleave, Jr. And Allied Crushed Stone Company v. Capitol Cement Co.Court of Appeals for the Fifth Circuit · 1978
  4. Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
  5. Sanford L. Bauman, Individually and as Trustee, and Stacy B. Smith, Plaintiffs v. Centex CorporationCourt of Appeals for the Fifth Circuit · 1980

6 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Stahl v. Novartis Pharmaceuticals Corp.Court of Appeals for the Fifth Circuit · 2002
  2. McKee v. MooreSupreme Court of Oklahoma · 1982
  3. Humes v. ClintonSupreme Court of Kansas · 1990
  4. Wyeth Laboratories, Inc. v. FortenberryMississippi Supreme Court · 1988
  5. Stone v. Smith, Kline & French Lab.Supreme Court of Alabama · 1984

19 more not listed; retrieve them via the Exa API.

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