Perez v. Wyeth Laboratories, Inc.
New Jersey Supreme Court
734 A.2d 1245 (1999)
- Written by Josh Lee, JD
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.)
What to do next…
Here's why 805,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
