Texas PJC Malpractice 2022

PJC 70.1

P RODUCTS L IABILITY —D EFINITIONS , I NSTRUCTIONS & Q UESTIONS

1974) (drug manufacturer is liable for misrepresentation, regardless of state of medical knowledge, when it “positively and specifically represents its product to be free and safe from all dangers ... and when the treating physician relies upon that representa tion”); see also Alm v. Aluminum Co. of America , 717 S.W.2d 588, 596 (Tex. 1986) (adequate warning to physician relieves manufacturer of duty to warn consumer patient of hazards associated with product).

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