Hurley v. Lederle Laboratories Division of American Cyanamid Co.’s Empirical Analysis
863 F.2d 1173 · 1988
Citation profile
20 federal appellate · 2 district · 14 state decisions
How this case has been cited
Cited by 70 later decisions (2 by the Supreme Court) — most recently November 2014 · most notably 13 Cal. 4th 1104 - Carlin v. Superior Court (1996), King v. Collagen Corp. (1993)
20 federal appellate · 2 district · 14 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. § 301 (§ 1 of the All Kids Act) · 42 U.S.C. § 247B (Lilly Ledbetter Fair Pay Act of 2009) · 42 U.S.C. § 300A
Relies on Hillsborough County v. Automated Medical Laboratories, Inc. · Silkwood v. Corporation · Reyes v. Wyeth Laboratories · Abbot v. American Cyanamid Co. · Osburn v. Anchor Laboratories, Inc.
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]ccepts information given by manufacturers proposing the licensing of a particular vaccine, and determines a proper warning based upon the information provided. 21 C.F.R. §§ 601.2 , 601.12, 601.25. A state law determination on this issue should not be interjected to overrule the decision of the FDA. Such a procedure would place vaccine manufacturers in a position where they could not comply with both obligations. The FDA extensively regulates the contents and wording of these product inserts. See, e.g., 21 C.F.R. §§ 1 and 201; 50 Fed.Reg. 51.108 (1985). A manufacturer must first provide all the relevant information to the FDA, which then determines a warning it deems appropriate. The manufacturer is required to print that precise warning in its product insert. Id. Most important, the manufacturers cannot change the language in the product insert without FDA approval. 21 C.F.R. § 601.12 . It would be patently inconsistent for a state then to hold the manufacturer liable for including that precise warning when the manufacturer would otherwise be liable for not including it. Thus, assuming that the FDA has processed all the relevant and available information in arriving at the prescribed warning, its decision as to the proper wording must preempt by implication that of a state. [ Id. at 1179].”
3 later decisions quote this exact passage · from the majority“[a] factual issue remains, however, as to whether the manufacturer provided the FDA all the necessary and available information on which to base the warning. Thus, the only question that can be presented to the jury consistent with the federal regulatory scheme is whether the manufacturer withheld, either at the time the FDA decided the content of the warning, or since then, information that would have changed the FDA's decision. [ Id. 1179-1180].”
3 later decisions quote this exact passage · from the majority“The following district court opinions have found against preemption. Smith v. Wyeth Laboratories, Inc., No. CA-84-2002, slip op. (S.D.W.Va. Aug. 21, 1986); Milam v. Lederle Laboratories Division of American Cyanamid Co., No. CA-4-85-92-K, slip op. (N.D.Tex. Oct. 15, 1986); Jeski v. Connaught Laboratories, Inc., No. A-84-CA-395, slip op. (W.D. Tex. Dec. 18, 1986); MacGillivray v. Lederle Laboratories Division of American Cyanamid Co., 667 F.Supp. 743 (N.D.N.M.1987); Morris v. Parke, Davis & Co., 667 F.Supp. 1332 (C.D.Cal.1987); Knudsen v. Connaught Laboratories, 691 F.Supp. 1346 (M.D.Fla.1987); Martinkovic v. Wyeth Laboratories, 669 F.Supp. 212 (N.D.Ill.1987); Koehler v. Wyeth Laboratories, No. 85-284-C (S.D. Ind. Sept. 8, 1987) [available on WESTLAW, 1987 WL 47831 ]; Scholl v. Lederle Laboratories and Connaught Laboratories, Inc., No. Civ. 85-409-TUC-RMB, slip op. (D.Ariz. Nov. 25, 1987); Percival v. American Cyanamid Co. d/b/a Lederle Laboratories, No. Civ. 85-2671-P, slip op. (D.Okla. Nov. 25, 1987) [available on WESTLAW, 1987 WL 46954 ]; Patten v. Lederle Laboratories, 655 F.Supp. 745 (D.Utah 1987); Wack v. Lederle Laboratories, 666 F.Supp. 123 (N.D.Ohio 1987); Graham v. Wyeth Laboratories, 666 F.Supp. 1483 (D.Kan.1987); Foyle v. Lederle Laboratories, 674 F.Supp. 530 (E.D. N.C.1987). Several state courts have also found no federal preemption: Shepherd v. Lederle Laboratories, No. 85-20330 (Cr.Ct. Broward County, Fla., Feb. 3, 1988); Duncan v. Connaught Laboratories, Inc., ”
2 later decisions quote this exact passage · from the majority
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.