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.
“[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“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“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.