Hoffman-Rattet v. Ortho Pharmaceutical Corp.

OPINION OF THE COURT

Stanley L. Sklar, J.

This application for renewal/reargument of defendant Or-tho Pharmaceutical Corporation’s summary judgment motion raises issues previously unresolved in New York concerning the availability of summary judgment to a pharmaceutical manufacturer based upon an affidavit from an "informed intermediary”, namely, the physician who prescribed the manufacturer’s product.

First, this court holds that the drug manufacturer has the burden of proving, by means of a physician’s affirmative statement, that, even if adequately warned, the treatment provided would have…