Legal Opinion

Vitanza v. Upjohn Co.

Supreme Court of Connecticut

Decided August 7, 2001No. SC 16343PublishedCited by 64 opinions

1Opinion of the Court

Opinion,

BORDEN, J.

The dispositive issue in this case is whether the learned intermediary doctrine bars the present action brought by the named plaintiff, Michele M. Vitanza, whose husband had died as a result of ingesting a sample of a prescription drug given to her by her physician. The learned intermediary doctrine provides, in general terms, that adequate warnings to a prescribing physician obviate the need for a manufacturer of a prescription drug to warn ultimate consumers. Pursuant to General Statutes (Rev. to 1999) § 51-199a and Practice Book § 82-1,1 the United States Court of *368Appeals…

2Cases cited66 opinions

  1. RK Constructors, Inc. v. Fusco Corp.Supreme Court of Connecticut · 1994
  2. Stevens v. Parke, Davis & Co.California Supreme Court · 1973
  3. In Re BROOKLYN NAVY YARD ASBESTOS LITIGATION (Joint Eastern and Southern District Asbestos Litigation)Court of Appeals for the Second Circuit · 1992
  4. McEwen v. Ortho Pharmaceutical CorporationOregon Supreme Court · 1974
  5. Davis v. Wyeth Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1968

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3Cited by64 opinions

  1. Thom v. Bristol-Myers Squibb Co.Court of Appeals for the Tenth Circuit · 2003
  2. Gourdine v. CrewsCourt of Appeals of Maryland · 2008
  3. Spears v. GarciaSupreme Court of Connecticut · 2003
  4. B.R. v. WestUtah Supreme Court · 2012
  5. Hopkins v. O'CONNORSupreme Court of Connecticut · 2007

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