(DOWNLOAD) "Clarissa Crocker v. Winthrop Laboratories" by Fifth District, Dallas Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Clarissa Crocker v. Winthrop Laboratories
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 02, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Glenn E. Crocker became addicted to a new drug produced by Winthrop Laboratories and know as "talwin" which had been previously thought to be non-addictive. When he was in a weakened condition and his tolerance to drugs very low because of a period of detoxification, Crocker obtained an injection of a narcotic and died soon thereafter. His widow and representative, Clarissa Crocker, brought this action for damages due to his suffering while alive as well as for his wrongful death. She recovered judgment against Winthrop Laboratories in the trial court. The Court of Civil Appeals reversed and rendered judgment for the drug company, holding that while some of the facts found by the jury (including the positive misrepresentation by the drug company that talwin was non-addictive) would warrant the recovery, the additional finding that the drug company could not reasonably have foreseen Crockers addiction (because of his unusual susceptibility and the state of medical knowledge when the drug was marketed), constituted a complete defense. 502 S.W.2d 850. We hold that the latter finding does not bar the recovery, and we affirm the judgment of the trial court.