Legal Opinion
Phelps v. Wyeth, Inc.
District Court, D. Oregon
Decided April 2, 2013No. Civ. No. 6:09-cv-06168 TCPublishedCited by 17 opinions
1Opinion of the Court
OPINION AND ORDER
AIKEN, Chief Judge.
Plaintiffs bring this action alleging Betty Phelps was injured after ingesting a generic version of the prescription drug metoclopramide manufactured by Pliva from 2004 through 2007. Specifically, plaintiffs alleged that Pliva was negligent by failing to adequately warn Mrs. Phelps of the dangers of using metoclopramide and by failing to update its product label in 2003 and 2004 to match the warning on the brand-name product. In 2012, Judge Coffin found that plaintiffs’ failure to adequately warn claim against Pliva was preempted by PLIVA Inc. v. Mensing, —…
2Cases cited39 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
- Gilbert B. Martinez v. Eddie Ylst, Superintendent, California Medical Facility SouthCourt of Appeals for the Ninth Circuit · 1991
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
34 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Theresa Huck v. Wyeth, Inc. D/B/A Wyeth Schwarz Pharma, Inc. and Pliva, Inc.Supreme Court of Iowa · 2014
- In re Mirena IUD Products Liability LitigationDistrict Court, S.D. New York · 2016
- In re Mirena Ius Levonorgestrel-Related Prods. Liab. Litig. (No. II)District Court, S.D. Illinois · 2019
- In re Lipitor (Atorvastatin Calcium) Marketing, Sales Practices & Products Liability LitigationDistrict Court, D. South Carolina · 2017
- In Re Reglan LitigationSupreme Court of New Jersey · 2016
12 more not listed; retrieve them via the Exa API.