Just the Facts
The name of the Fusemeier prescription drug prescribed to Whiteberry
What is Targetall?
The two grounds on which Whiteberry filed suit in the 555th Judicial District Court.
What are strict liability and negligence?
The approach Fusemeier Pharmaecutical Company wants the Supreme Court of Texas to adopt as to comment k in this case.
What is the blanket approach?
The party advocating that the Supreme Court of Texas should follow precedent from federal district courts in Texas.
Who is Fusemeier?
Whiteberry suffered acute injury to this body part, which is a known side effect of Targetall.
What is the kidney?
The motion Fusemeier filed at the district court level which underlies the current appeal.
What is a motion for summary judgment?
The approach Whiteberry wants the Supreme Court of Texas to adopt as to comment k in this case.
What is the case-by-case approach?
This federal district court case and its progeny assert that, under Texas law, makers of all prescription drugs that acquire FDA approval have blanket immunity from design defect liability. (Fusemeier likes this case.)
What is Hackett v. G.D. Searle & Co.?
The more expensive to produce between Targetall and Targetall-NEXT
What is Targetall-NEXT?
The prevailing party at both the district court and court of appeals level.
What is Fusemeier Pharmaceutical Company?
Comment k immunizes companies from claims for this type of defect.
What is a design defect?
This is probably Whiteberry's favorite case from the Texas Supreme Court.
What is Crocker v. Winthrop Labs?
Targetall is this sort of compound, meaning it has equal amounts of two different types of enantiomers.
What is a racemic compound?
The standard of appellate review the Supreme Court of Texas will apply in this case.
What is de novo review?
The three types of strict products liability claims (only one type of which was asserted by Whiteberry in this case).
What are defective design, defective manufacturing, and defective warning/labeling?
While Whiteberry may not like a lot of what federal district courts in Texas have said about comment k, he is just fine with the Eastern District's opinions in this case.
What is Romero v. Wyeth LLC (Romero I and Romero II)?
The chemical difference between Targetall and Targetall-NEXT is that Targetall-NEXT is made of the pure ____ form of antafistine.
What is dextro?
This is the procedural consequence if Whiteberry prevails at the Texas Supreme Court.
What is remanding to the trial court for further proceedings?
On a case-by-case approach, comment k only bars design defect claims against FDA-approved prescription drugs that meet this threshold showing.
What is that they are unavoidably unsafe? (i.e. no feasible safer alternative)
The Fifth Circuit's 2018 decision in In re: DePuy Orthopaedics, Inc. is noted in the dissenting opinion for this reason.
What is the Court indicated that comment k's effect is still an open issue in Texas (and suggested that Hackett and its progeny lacked basis in Texas state law)?