United States Tenth Circuit

Warning contained in the package insert of a prescription drug manufactured by defendant was not adequate as a matter of law with regard to the risk of priapism. District court erred in holding that plaintiff's doctor did not read or rely upon the warning, and that therefore plaintiff was unable to establish that a different warning would have avoided his injuries; summary judgment for defendants is reversed.

Appellate Information

• Decided 12/22/2003
• Published 12/22/2003

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, HENRY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Terence L. Moore, (R. Lanahan Goodman and Robert N. Williams, with him on the briefs), Meyer and Williams, Jackson, WY, for Plaintiffs-Appellants.


• For Appellees:
  
• David M. Covey, (Kimberly S. Penner, Sedgwick, Detert, Moran & Arnold, L.L.P., New York, N.Y. and Thomas G. Gorman and Misha E. Westby, Hirst & Applegate, P.C., Cheyenne, WY, with him on the brief), for Defendant-Appellee.