Tuscany v. U. S. Standard Products Co.

BOND, Chief Justice.

This is a suit for damages, instituted by plaintiff Frank H. Tuscany (appellant) against the U. S. Standard Products Company (appellee), as the result of plaintiff’s wife self-injecting into her own body, by hypodermic needle, a drug known in the evidence as estrogenic hormones, manufactured and processed by the defendant. It is uncontroverted that the drug was prepared and sold by the defendant to the retail trade in the usual and ordinary course of business and that a vial of the 'liquid was sold by a local pharmacy to the plaintiff’s wife. The plaintiff alleges that his…