Felix v. Hoffman-La Roche, Inc.

540 So. 2d 102 (1989)

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Felix v. Hoffman-La Roche, Inc.

Florida Supreme Court
540 So. 2d 102 (1989)

Facts

Felix (plaintiff) brought a wrongful-death action against Hoffman-La Roche, Inc. (Hoffman) (defendant) for the death of her child, who suffered serious birth defects after Felix ingested Hoffman’s acne drug Accutane and alleged that the inadequacy of Hoffman’s warning was the proximate cause of her child’s birth defects and subsequent death. There was conflicting testimony about whether Felix’s prescribing physician told Felix about the warning on Accutane’s package insert that it should not be used during pregnancy, but the prescribing physician testified that he understood the warning that Accutane should not be used in pregnancy. The trial court, finding that the warning regarding the dangerous side effects of Accutane in pregnancy was clear, granted summary judgment for Hoffman, and the court of appeal affirmed. Felix appealed and argued that the adequacy of the warning was a question of fact that should have gone to the jury.

Rule of Law

Issue

Holding and Reasoning (Grimes, J.)

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