Cooper v. Kaplan

Carro and Milonas, JJ.,

dissent in a memorandum by Milonas, J., as follows: In my opinion, the order being appealed herein should be reversed and the complaint reinstated.

Plaintiff commenced this medical malpractice action for damages for personal injuries allegedly sustained by her as a result of medication prescribed by defendant physician, Dr. Solomon Kaplan. In that regard, plaintiff alleges that on May 7, 1985, when she visited Dr. Kaplan for treatment, they discussed birth control at which time she informed defendant that she had previously taken a drug known as Ortho-Novum 135 which had…