Wechsler v. Hoffman-La Roche, Inc.

The complaint recites that plaintiff’s intestate died as a result of the administration of a drug manufactured by defendant which was sold only on prescription of a physician and was procured by the intestate pursuant to prescription. According to the complaint, the defendant knew of the fatal propensities of its product but in its communications to the medical profession concealed and made misrepresentations with respect thereto. Plaintiff sets forth three causes of action based upon the foregoing, sounding, respectively, in fraud, negligence and implied warranty. Defendant moves to dismiss…