Opinion

Edwards v. Basel Pharmaceuticals

  • 68 O.B.A.J. 794
  • 933 P.2d 298
  • 57 A.L.R. 5th 793
  • 1997 OK 22
  • 1997 Okla. LEXIS 20
Court
Supreme Court of Oklahoma
Filed
Mar 4, 1997
Status
Published
Author
Simms
On the bench
Summers, Kauger, Hodges, Lavender, Simms, Hargrave, Opala, Watt
Cited by
47 cases

recognizing Basel’s duty to warn consumer, but explaining “[w]hether that duty has been satisfied [under] the common law of the state . . . [is] beyond our assignment in response to this certified question”

How later courts described this case

  • recognizing Basel’s duty to warn consumer, but explaining “[w]hether that duty has been satisfied [under] the common law of the state . . . [is] beyond our assignment in response to this certified question”
  • recognizing Basel’s duty to warn consumer, but explaining “[wjhether that duty has been satisfied [under] the common law of the state ... [is] beyond our assignment in response to this certified question”
  • adopting a general FDA regulations exception to the learned intermediary doctrine based on cases recognizing an exception for contraceptives, with little reasoning behind the extension of FDA regulations exception to non-contraceptive cases
  • stating that “the law regarding such products appears at Comment k of the Restatement”

Written by the judges who cited it.

The opinion

SIMMS, Justice,

concurring:

I concur in the majority opinion and respectfully observe that pre-emption is not an issue in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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