Healthy Skepticism Library item: 8907

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Journal Article

Letourneau CU.
No liability on account of allergic reaction to antibiotic
Hosp Formul Manage 1970 Apr; 5:25

Abstract:

A court of appeals held that a patient cannot recover from a drug manufacturer because of an allergic reaction to an antibiotic where it did not appear that anyone had ever suffered a reaction different in nature or more serious than those described in the package insert. The appellant petitioned against The Upjohn Co. and the prescribing physician when lincomycin caused an allergic reaction. The court held that if a manufacturer is justifiably ignorant of the danger of his product, there is no negligence in failure to guard against it.