Reyes v. Wyeth Laboratories
United States Court of Appeals for the Fifth Circuit
498 F.2d 1264 (1974)
- Written by Alex Ruskell, JD
Facts
Wyeth Laboratories (defendant) produced a polio vaccine that was harmful to a small number of patients. Specifically, the vaccine could cause polio in a few of the millions who received the vaccine. Because the vaccine was administered by medical professionals, the vaccine only came with a booklet warning of the vaccine’s possible dangers. Reyes (plaintiff) received a dose of the vaccine from a clinic and got polio. The clinic did not require prescriptions for the drug’s use, and Reyes’s mother was never warned of any possible danger caused by the vaccine. Reyes sued Wyeth, arguing that Wyeth failed to warn Reyes of the vaccine’s potentially harmful effects. Wyeth responded that the vaccine was a prescription drug and that the booklet was a sufficient warning for medical professionals.
Rule of Law
Issue
Holding and Reasoning (Wisdom, J.)
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