Newton v. Anesthesia Services of Birmingham

SHORES, Justice.

St. Vincent’s Hospital petitions this Court for a writ of mandamus directing the trial judge to vacate his discovery order of December 3, 1993. We deny the writ.

The background of this case is as follows: Zeneca, Inc. (formerly Stuart Pharmaceuticals) and St. Vincent’s are codefendants in a medical malpractice/products liability action. St. Vincent’s filed a cross-claim against Zene-ca, alleging that Zeneca had failed to adequately warn the hospital of the dangers associated with the use of the product “Hibi-clens,” a pre-operative scrub the plaintiff says got into his eyes…