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Products Liability Keyed to Fischer, 6th Ed.
Valentino v. Carter-Wallace, Inc.
Citation:
97 F.3d 1227 (1996)Facts
Carter-Wallace began marketing Felbatol for epilepsy treatment in August 1993 without special warnings of serious side effects. Between January and July 1994, the company received reports of patients developing aplastic anemia after using the drug, prompting them to mail warning letters to physicians in August 1994. By September 1994, they had also received reports of liver failure and sent additional warnings. The district court certified a class of “all persons who began using Felbatol prior to August 1, 1994” and a “serious injury” subclass of users who developed or would develop aplastic anemia or liver failure from the drug. The certification was limited to issues of strict liability, negligence, failure to warn, breach of warranty, causation in fact, and liability for punitive damages, while excluding individual issues of proximate causation and damages. According to plaintiffs, over 100,000 patients were prescribed the drug during the relevant period, with over 3,000 reporting adverse reactions and approximately 70 cases of aplastic anemia or liver damage, including nearly 20 deaths.
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