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Centocor, Inc. v. Bullen

Supreme Court of Texas
372 S.W.3d 140 (2012)


Facts

Patricia and Thomas Hamilton (plaintiffs) filed suit against Centocor, Inc., (Centocor) (defendant), manufacturer of the drug Remicade, after Patricia suffered a serious side effect from the drug called lupus-like syndrome. The Hamiltons alleged that Centocor provided inadequate and inappropriate warnings and instructions for use of Remicade, which made it defective and unreasonably dangerous. Also involved in the litigation was Dr. Michael Bullen (defendant), who administered the drug to Patricia. At trial, the court found that Dr. Bullen and his staff had no duty to warn Patricia of the risks associated with Remicade because he was not the prescribing physician and, thus, the trial court directed a verdict in his favor. The jury held for the Hamiltons and awarded $4.6 million in damages. Centocor appealed. The court of appeals reversed the award of future pain and mental anguish damages, but affirmed the remainder of trial court’s judgment. Centocor appealed. The Supreme Court of Texas granted certiorari to review.

Rule of Law

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Issue

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Holding and Reasoning (Green, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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