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Jury charge - McDarby v. Merck (2008)

Jury charge - McDarby v. Merck (2008)

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Published by George Conk
Jury Charge - as delivered by Judge Carol Higbee
McDarby and Cona v. Merck
Superior Court of NJ (2006)
slides 2 and 3 are added

- George Conk
Adjunct Professor
Fordham Law School
Jury Charge - as delivered by Judge Carol Higbee
McDarby and Cona v. Merck
Superior Court of NJ (2006)
slides 2 and 3 are added

- George Conk
Adjunct Professor
Fordham Law School

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Categories:Types, School Work
Published by: George Conk on Mar 04, 2014
Copyright:Attribution Non-commercial

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03/24/2014

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THOMAS & JOYCE CONA v. MERCK & CO., INC. JOHN & IRMA McDARBY v. MERCK & CO., INC.
 
Perez v. Wyeth (1998)
"for all practical purposes, absent deliberate concealment or nondisclosure of after-acquired knowledge of harmful effects, compliance with FDA standards should  be virtually dispositive" of a failure to warn claim
 
Bailey v. Wyeth (2011)
 New Jersey courts have recognized that  before the FDA warning presumption will  be deemed rebutted, the plaintiff must  produce a specific type of evidence demonstrating intentional misconduct by the manufacturer.
See William A. Dreier,  John E. Keefe, Sr., & Eric D. Katz, New  Jersey Products Liability & Toxic Torts  Law § 15:4 at 443 (2008).

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