Barson v. E.R. Squibb & Sons, Inc.’s Empirical Analysis
1984
Citation profile
1 federal appellate · 3 district · 39 state decisions
How this case has been cited
Cited by 46 later decisions — most recently December 2021 · most notably Berry by and Through Berry v. Beech Aircraft (1985), Vitanza v. Upjohn Co. (2001)
1 federal appellate · 3 district · 39 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 21 U.S.C. § 355 (Federal Food, Drug, and Cosmetic Act)
Relies on McEwen v. Ortho Pharmaceutical Corporation · Leigh Furniture and Carpet Co. v. Isom · Baker v. State · Sterling Drug, Inc. v. Yarrow · Franklin Financial v. New Empire Development Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In determining whether a manufacturer has breached that duty [to adequately warn] and the extent to which a manufacturer is required to know of dangers inherent in its drug, it is important to point out that the drug manufacturer is held to be an expert in its particular field and is under a “continuous duty ... to keep abreast of scientific developments touching upon the manufacturer’s product and notify the medical profession of any additional side effects discovered from its use.” The drug manufacturer is responsible therefore for not only “actual knowledge gained from research and adverse reaction reports,” but also for constructive knowledge as measured by scientific literature and other available means of communication.”
1 later decision quote this exact passage“In cases where the alleged negligence consists of a failure to act, the person injured by another's inaction must demonstrate the existence of some special relationship between the parties creating a duty on the part of the latter to exercise such due care in behalf of the former.”
1 later decision quote this exact passage“To successfully attack the verdict, an appellant must marshall all the evidence supporting the verdict and then demonstrate that, even viewing the evidence in the light most favorable to that verdict, the evidence is insufficient to support it.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.