Legal Opinion
Graham v. Wyeth Laboratories
Court of Appeals for the Tenth Circuit
Decided June 25, 1990No. Nos. 88-1337, 88-2302, 89-3066 and 89-3121PublishedCited by 22 opinions
1Opinion of the Court
GARTH, Senior Circuit Judge:
This appeal arises as a result of a $15,-000,000 verdict against Wyeth Laboratories (Wyeth), the manufacturer of a DTP vaccine. It presents us with a number of evidentiary and legal questions. The most significant of these are: (1) should judgment NOV have been granted to Wyeth? (2) Are state tort awards for the improper manufacture of vaccines preempted by federal regulation? (3) Does Kansas allow for tort awards based upon strict liability or the negligent manufacture of an “inherently unsafe” vaccine? (4) Were a number of Wyeth’s experts improperly excluded from…
2Cases cited25 opinions
- Sakraida v. Ag Pro, Inc.Supreme Court of the United States · 1976
- Brown v. Superior CourtCalifornia Supreme Court · 1988
- Rosebud Sioux Tribe v. A & P Steel, Inc.Court of Appeals for the Eighth Circuit · 1984
- Moe v. Avions Marcel Dassault-Breguet AviationCourt of Appeals for the Tenth Circuit · 1984
- Billy R. Prebble v. Gordon BrodrickCourt of Appeals for the Tenth Circuit · 1976
20 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- McEwen v. City of NormanCourt of Appeals for the Tenth Circuit · 1991
- Rubanick v. Witco Chemical Corp.Supreme Court of New Jersey · 1991
- Myron Durtsche, Jr. v. American Colloid CompanyCourt of Appeals for the Tenth Circuit · 1992
- Mcewen v. City Of NormanCourt of Appeals for the Tenth Circuit · 1991
- Mason v. Texaco, Inc.District Court, D. Kansas · 1990
17 more not listed; retrieve them via the Exa API.