Legal Opinion

Baker v. St. Agnes Hospital

Appellate Division of the Supreme Court of the State of New York

Decided October 29, 1979PublishedCited by 56 opinions

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

  1. Dalehite v. United StatesSupreme Court of the United States · 1953
  2. Micallef v. Miehle Co.New York Court of Appeals · 1976
  3. Codling v. PagliaNew York Court of Appeals · 1973
  4. Krug v. Sterling Drug, Inc.Supreme Court of Missouri · 1967
  5. Torsiello v. Whitehall LaboratoriesNew Jersey Superior Court Appellate Division · 1979

7 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Wooderson v. Ortho Pharmaceutical Corp.Supreme Court of Kansas · 1984
  2. McKee v. American Home Products Corp.Washington Supreme Court · 1989
  3. Wolfgruber v. Upjohn Co.Appellate Division of the Supreme Court of the State of New York · 1979
  4. prod.liab.rep.(cch)p 12,766 Paula Fane and Kjell Fane v. Zimmer, Inc.Court of Appeals for the Second Circuit · 1991
  5. Martin v. HackerNew York Court of Appeals · 1993

51 more not listed; retrieve them via the Exa API.

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