Legal Opinion
Pumphrey v. C.R. Bard, Inc.
District Court, N.D. West Virginia
Decided November 30, 1995No. 1:94-cv-00138PublishedCited by 34 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KEELEY, District Judge.
This is a civil action for damages against the manufacturer of a Hickman Subcutaneous Port, a medical device for repeated delivery of drugs to the blood system of a patient. The plaintiff alleges that the manufacturer failed to adequately warn her of the danger of “pinch-off syndrome,” in which part of the “port” or the attached catheter breaks off and becomes lodged elsewhere in the body. The defendant manufacturer has moved for summary judgment on the grounds that under the “learned intermediary doctrine,” a manufacturer has no duty to warn…
2Cases cited17 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales CorporationCourt of Appeals for the Fourth Circuit · 1979
- Wyeth Laboratories v. ReyesSupreme Court of the United States · 1974
- Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
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3Cited by34 opinions
- Larkin v. Pfizer, Inc.Kentucky Supreme Court · 2004
- State Ex Rel. Johnson & Johnson Corp. v. KarlWest Virginia Supreme Court · 2007
- Donna Ellis v. C. R. Bard, Inc.Court of Appeals for the Eleventh Circuit · 2002
- In Re Norplant Contraceptive Products Liability LitigationDistrict Court, E.D. Texas · 2002
- O'CONNELL v. Biomet, Inc.Colorado Court of Appeals · 2010
29 more not listed; retrieve them via the Exa API.