SmartBrief
Confirm favorite deletion?
Products Liability Keyed to Fischer, 6th Ed.
Centocor, Inc. v. Hamilton
Citation:
372 S.W.3d 140 (2012)Facts
Patricia Hamilton had a complex medical history spanning over two decades, including Crohn’s disease, recurring joint pain, arthritis, and other ailments. By 2001, she had undergone multiple surgeries and contracted hepatitis C from a blood transfusion. In September 2001, she experienced a flare in her Crohn’s disease and sought treatment from Dr. Hauptman, a gastroenterologist. After confirming her condition, Dr. Hauptman prescribed Remicade, a relatively new drug manufactured by Centocor. Dr. Hauptman referred Patricia to Dr. Bullen, an infectious disease specialist who operated an infusion clinic, for the Remicade treatments. During her first infusion in December 2001, Patricia was shown an informational video about Remicade produced by Centocor, which did not mention lupus-like syndrome as a potential side effect. The Remicade package insert, however, did warn about this potential side effect. Patricia’s Crohn’s disease improved with Remicade, but she began experiencing severe joint pain. She was later treated by Dr. Pop-Moody, a rheumatologist, who prescribed additional Remicade infusions. After receiving seventeen Remicade treatments over nearly two years, Patricia was diagnosed with lupus-like syndrome by doctors at the University of Texas Health Science Center. Her symptoms improved after discontinuing Remicade.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.