Nature of the Case
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Facts
Upjohn (D) manufactured the drug Cleocin, which was found to have serious side effects. D sent warning information regarding these side effects when they shipped the drug. Werner (P) received a prescription for Cleocin after seeing an eye doctor. As a result of taking this drug, P received injuries. P then brought suit against D under theories of negligence and strict liability. A main issue in the case was the adequacy of the warning that accompanied Cleocin in 1975. D attempted to exclude all reference to the subsequent warning. However, it was admitted to the jury on the issue of feasibility, even though it was used in the witness examination and the closing argument to show what D should have done. P was awarded damages. D appealed.
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