Wolfgruber v. Upjohn Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cardamone, J. P.
Plaintiff Dr. Paul Wolfgruber has been a practicing physician for over 25 years. He prescribed defendant’s antibiotic, Cleocin, for an infection he developed in 1974 and followed a course of self-treatment. The defendant, Upjohn Company, distributed to the medical profession free samples of Cleocin which contained package inserts warning of possible diarrhea and/or colitis from ingesting the drug. The Physician’s Desk Reference also contained similar warnings respecting the use of Cleocin. This is the precise malady incurred by plaintiff as a result of his…
2Cases cited17 opinions
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Codling v. PagliaNew York Court of Appeals · 1973
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Smith v. E R Squibb & Sons, IncMichigan Supreme Court · 1979
- Biss v. Tenneco, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
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3Cited by117 opinions
- In Re BROOKLYN NAVY YARD ASBESTOS LITIGATION (Joint Eastern and Southern District Asbestos Litigation)Court of Appeals for the Second Circuit · 1992
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Rastelli v. Goodyear Tire & Rubber Co.New York Court of Appeals · 1992
- Wooderson v. Ortho Pharmaceutical Corp.Supreme Court of Kansas · 1984
- Home Insurance v. American Home Products Corp.New York Court of Appeals · 1990
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