Conte v. Wyeth: Caveat Innovator and the Case for Perpetual Liability in Drug Labeling

Martin A. Ramey


Since the citadel of privity first crumbled for manufacturers of defective products decades ago, state and federal courts have expanded the foundations of products liability law to include not only purchasers as plaintiffs but “ultimate” bystanders under notions of reasonableness, foreseeability and risk allocation.


3 During this time, products such as drugs, blood products and  medical devices have come to be viewed as distinct from other commodities, particularly with the coming of the Restatement (Third) of Torts: Products Liability.

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