Donald D. Goldberg, M.D. v. Mallinckrodt, Inc.

I agree that Goldberg’s claim for damages due to his unwillingness to perform any more myelograms was properly rejected under New York law pertaining to damages for emotional distress. I believe, however, that the district court erred in holding that Goldberg’s damages relating to time spent away from his medical practice defending lawsuits were too remote from the alleged fraud as a matter of law.

The complaint alleges that Mallinckrodt knew of the dangers associated with its product, Dimeray, and that it failed to disclose this information to physicians. Instead, Mallinckrodt allegedly…