Legal Opinion

CENTOCOR, INC. v. Hamilton

Texas Court of Appeals, 13th District

Decided March 4, 2010No. 13-07-00301-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

Opinion by Justice YÁÑEZ.

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor’s office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevailing attitude of law and medicine was that the “doctor knows best.”

Pharmaceutical manufacturers never advertised their products to patients, but rather directed all…

2Cases cited39 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  3. Pool v. Ford Motor Co.Texas Supreme Court · 1986
  4. Ford Motor Co. v. RidgwayTexas Supreme Court · 2004
  5. Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983

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3Cited by7 opinions

  1. DiBartolo v. Abbott LaboratoriesDistrict Court, S.D. New York · 2012
  2. Centocor, Inc. v. HamiltonTexas Supreme Court · 2012
  3. Murthy v. Abbott LaboratoriesDistrict Court, S.D. Texas · 2012
  4. In Re Avandia Marketing, Sales Practices & Products Liability LitigationDistrict Court, E.D. Pennsylvania · 2011
  5. K & K Inez Properties, LLC, David Kucera, and Valerie Kucera v. Clay Kolle and Lacy Kolle, Texas Court of Appeals, 13th District2023

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