Legal Opinion

Paul v. Boschenstein

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1984PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

This action revolves around the use of the drug Tal win and its effect upon Patricia Paul (hereafter plaintiff). Although the products liability case against the drug manufacturer went to the jury and resulted in a defendant’s verdict (which is supported by the record), the complaint as against the doctor and the hospital was dismissed at the conclusion of plaintiff’s case. *249Plaintiff now argues that a prima facie case was made out when the package insert that accompanies each container of Tal win was received in evidence. After describing some of the adverse reactions that…

3Cases cited4 opinions

  1. Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
  2. McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
  3. Ohligschlager v. Proctor Community HospitalIllinois Supreme Court · 1973
  4. Winkjer v. HerrNorth Dakota Supreme Court · 1979

4Cited by22 opinions

  1. Craft v. PeeblesHawaii Supreme Court · 1995
  2. Kenneth E. Sitts v. United StatesCourt of Appeals for the Second Circuit · 1987
  3. Spensieri v. LaskyNew York Court of Appeals · 1999
  4. Ramon by and Through Ramon v. FarrUtah Supreme Court · 1989
  5. Prete v. Rafla-DemetriousAppellate Division of the Supreme Court of the State of New York · 1996

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