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Perez v. Wyeth Laboratories, Inc.

Supreme Court of New Jersey
734 A.2d 1245 (1999)


Facts

Wyeth Laboratories, Inc. (Wyeth) (defendant), sold Norplant, a reversible contraceptive for women that prevented pregnancy for up to five years. Wyeth heavily advertised Norplant directly to women. These advertisements did not contain any warnings of the potential side effects or dangers of using Norplant. Saray Perez and several other women (plaintiffs) sued Wyeth for failing to warn consumers of these potential dangers and side effects. The trial court determined that the learned-intermediary rule applied under the New Jersey Products Liability Act, which meant that Wyeth was only responsible for providing warnings to physicians. The trial court dismissed the complaint, and the plaintiffs appealed. The appellate division affirmed, and the plaintiffs appealed again.

Rule of Law

Issue

Holding and Reasoning (O’Hern, J.)

Dissent (Pollock, J.)

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