Hadley v. Wyeth Laboratories, Inc., 287 S.W.3d 847 (Tex. App.--Houston [14th Dist.] 2009)
May 28, 2009OUTCOME: Houston's 14th Court of Appeals affirmed the trial court's order granting summary judgment in favor of my client.
Patient who suffered injuries after taking a prescription drug filed a personal injury action against the doctor who prescribed the drug and against the drug's manufacturer. Summary judgment was entere ... d against the patient. The doctor filed a cross-claim against the manufacturer claiming that he was entitled to indemnity as an innocent seller. The trial court granted summary judgment to the manufacturer on the doctor's cross-claim. The doctor appealed. The court of appeals held that the doctor was not a “seller” as defined by products liability statute, and, therefore, was not entitled to innocent-seller indemnification from the drug manufacturer.
