Nature of the Case
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Facts
P took a drug, this drug caused him to develop a priapism, a prolonged painful erection, which ultimately required surgery and left him impotent. During trial, P sought to introduce a letter from a Dr. Paul Leber, Director of the FDA's Division of Neuropharmacological Drug Products recommending that a boxed warning be included on the drug's label to emphasize the risk of priapism and the potential need for surgery and the threat of impotence. D objected on hearsay grounds and the court issued its ruling. P also sought to introduce evidence of a meeting between D and Dr. Rubin Bressler, two of D's employees, and five outside medical experts related to a Tuscon meeting regarding what should D tell treating physicians regarding the possibility of priapism and what warnings should appropriately accompany the drug. P sought admission of these tapes under 801(d)(2) as an admission by D.
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