Samuels v. American Cyanamid Co.

OPINION OF THE COURT

David B. Saxe, J.

I. INTRODUCTION

In a recent strict product liability case that was tried before me and a jury, the applicability of New York’s "informed intermediary doctrine”, requiring a pharmaceutical manufacturer to warn only the prescribing physician and not the ultimate user of the side effects and possible risks of prescription drugs was at issue.

I considered the rationale for this doctrine and case authority from this and other jurisdictions, and, based upon the facts of this case, I refused to apply the informed intermediary doctrine. So, I charged the jury that…