Philbrick v. Weinberger

This is an appeal by plaintiff, Helen Wynne Philbrick, from an adverse judgment after a trial by jury, which absolved defendants, licensed pharmacists, from all liability for injuries allegedly caused to plaintiff’s eye by reason of their negligence in filling a prescription calling for Neo Deeadron Ophthalmic Ointment, a medication intended for use in the eye.

Except for the issue of causation, the facts are not in dispute, and may be summarized as follows: On March 10, 1961, some foreign substance blew into plaintiff’s right eye which she was unable to remove. Due to the fact that plaintiff…