What is the current state of the law in the context of medical malpractice cases involving prescription drug manufacturer Richardson-Merrell?

MultiRegion, United States of America

The following excerpt is from Davis v. Wyeth Laboratories, Inc., 399 F.2d 121 (9th Cir. 1968):

14 Such apparently was also the case in Toole v. Richardson-Merrell, Inc., 251 A.C.A. 785, 60 Cal.Rptr. 398 (Dist.Ct. App.1967), where it was held that the traditional "defect" in the product was unnecessary for recovery by a person who developed cataracts from using MER/29, a treatment for arteriosclerosis; and that "strict liability is justified on the ground that the product was marketed without proper warning of its known dangerous result." Id. at 807, 60 Cal.Rptr. at 414.

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