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← 762 F. Supp. 2d 694 - Kellogg v. Wyeth

762 F. Supp. 2d 694 - Kellogg v. Wyeth’s Empirical Analysis

2010

Citation profile

24
cited by 24 later decisions
6
states following
May 2018
most recently cited

5 federal appellate · 3 district · 6 state decisions

Relationships

Relies on Celotex Corporation v. Catrett H · Erie Co v. Tompkins · Daubert v. Merrell Dow Pharmaceuticals, Inc. · Harrington v. Richter · Wyeth v. Levine

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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[I]t is reasonably foreseeable that a physician will rely upon a brand name manufacturer’s representations — or the absence of representations — about the risk of side effects of its drug, when deciding to prescribe the drug for a patient, regardless of whether the pharmacist fills the prescription with a generic form of the drug.”
    2 later decisions quote this exact passage
  2. “duty of care in disseminating product information extends to those patients who are injured by generic metoclopramide as a result of prescriptions written in reliance on [the brand-name manufacturer's] product information for Reglan.”
    1 later decision quote this exact passage
  3. “her doctors relied on inaccurate and misleading information –- or the absence of accurate information -– from [the brand-name manufacturer] concerning the risks and effects of long-term use of [metoclopramide].”
    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.