Legal Opinion
Malachy J. Smyth and Lucy Smyth v. The Upjohn Company
Court of Appeals for the Second Circuit
Decided December 2, 1975No. 87, Docket 75-7143PublishedCited by 22 opinions
1Per curiam
Malachy J. Smyth, M.D., and his wife seek a new trial of their diversity action in the Northern District of New York against The Upjohn Co. for personal injuries suffered by Dr. Smyth, allegedly as the result of Upjohn’s antibiotic Lin-cocin. The complaint alleges that Dr. Smyth developed acute colitis as a result of his taking Lincocin, and that Upjohn was negligent in failing to give adequate warnings of this possible side-effect. A jury trial before Edmund Port, Judge, resulted in a verdict for Upjohn. We affirm.
In February 1970, Dr. Smyth developed sinusitis and began treating himself…
2Cases cited16 opinions
- Incollingo v. EwingSupreme Court of Pennsylvania · 1971
- Incollingo v. EWINGSupreme Court of Pennsylvania · 1971
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Ault v. International Harvester Co.California Supreme Court · 1974
- Monarch Insurance Company of Ohio v. May Spach, as Receiver for Ro-Ben, Inc.Court of Appeals for the Fifth Circuit · 1960
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Fed. Sec. L. Rep. P 95,441 Securities and Exchange Commission v. Geon Industries, Inc., Frank Bloom and Edwards & HanlyCourt of Appeals for the Second Circuit · 1976
- Werner v. Upjohn Co.Court of Appeals for the Fourth Circuit · 1980
- Nancy C. Lindsay and Bruce H. Lindsay v. Ortho Pharmaceutical CorporationCourt of Appeals for the Second Circuit · 1980
- Emeilia Cann and Charles Cann v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1981
- Jack Werner v. The Upjohn Company, Inc., a Body Corporate of the State of Delaware, and Ralph J. Carbo, Jr., M.D. And Ralph J. Carbo, Jr., M.D., P.A., a Body Corporate of Maryland, Jack Werner v. Ralph J. Carbo, Jr., M.D., and Ralph J. Carbo, Jr., M.D., P.A., a Body Corporate of Maryland and the Upjohn Company, Inc., a Body Corporate of the State of Delaware, Jack Werner v. Ralph J. Carbo, Jr., M.D. And Ralph J. Carbo, Jr., M.D., P.A., a Body Corporate of Maryland, and the Upjohn Company, Inc., a Body Corporate of the State of DelawareCourt of Appeals for the Fourth Circuit · 1980
17 more not listed; retrieve them via the Exa API.