Feldman v. Lederle Laboratories

Feldman (plaintiff) took a tetracycline antibiotic made by Lederle (defendant) from 1960 to 1963, which discolored her teeth. She sued under strict liability for failure to warn. Lederle argued that pre-1962 medical literature on tooth discoloration involved only cystic fibrosis patients on heavy doses, and that strict liability shouldn't apply to prescription-drug side effects at all, citing Restatement (Second) of Torts Section 402A comment k, which shields "unavoidably unsafe" drugs accompanied by adequate warnings. The trial court fixed 1960 as the date Lederle should have known of the risk, and the jury found for Lederle; the appellate court affirmed.