Baker v. St. Agnes Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mollen, P. J.
In this combined medical malpractice and products liability action, the defendant Eli Lilly and Company (Lilly) appeals from the denial of its motion for summary judgment. The question presented concerns the nature of a pharmaceutical manufacturer’s obligation to make known the dangers of a drug it supplies.
The drug involved in this case is Dicumarol, an anticoagulant used in the treatment of blood clotting disorders including phlebitis. Dicumarol has been produced by Lilly since 1944 when its new drug application was first approved by the Food and Drug…
2Cases cited12 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Codling v. PagliaNew York Court of Appeals · 1973
- Krug v. Sterling Drug, Inc.Supreme Court of Missouri · 1967
- Torsiello v. Whitehall LaboratoriesNew Jersey Superior Court Appellate Division · 1979
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3Cited by56 opinions
- Wooderson v. Ortho Pharmaceutical Corp.Supreme Court of Kansas · 1984
- McKee v. American Home Products Corp.Washington Supreme Court · 1989
- Wolfgruber v. Upjohn Co.Appellate Division of the Supreme Court of the State of New York · 1979
- prod.liab.rep.(cch)p 12,766 Paula Fane and Kjell Fane v. Zimmer, Inc.Court of Appeals for the Second Circuit · 1991
- Martin v. HackerNew York Court of Appeals · 1993
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