Legal Opinion

Bichler v. Willing

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

Decided July 14, 1977PublishedCited by 40 opinions

1Opinion of the CourtYesawich, J.

This appeal, from an order denying defendant Willing’s motion for summary judgment or for dismissal of the complaint with prejudice, concerns itself with a pharmacist’s liability, as a retailer, for injuries allegedly occasioned because of the use of a prescription drug, sold by the pharmacist.

It is alleged that in 1953, while Dorothy Bichler was pregnant with the plaintiff, Joyce Bichler, she ingested diethylstilbestrol (DES) a drug manufactured by defendant, Eli Lilly & Co., prescribed by defendant Fleischer, a physician, and dispensed by the appellant, a pharmacist. Some time later Joyce…

2Cases cited6 opinions

  1. Micallef v. Miehle Co.New York Court of Appeals · 1976
  2. Codling v. PagliaNew York Court of Appeals · 1973
  3. Velez v. Craine & Clark Lumber Corp.New York Court of Appeals · 1973
  4. Mead v. Warner Pruyn DivisionAppellate Division of the Supreme Court of the State of New York · 1977
  5. Commissioners of the State Insurance Fund v. City Chemical Corp.New York Court of Appeals · 1943

1 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
  2. Walton v. Bayer CorporationCourt of Appeals for the Seventh Circuit · 2011
  3. Coyle v. Richardson-Merrell, Inc.Supreme Court of Pennsylvania · 1991
  4. In Re Rezulin Products Liability LitigationDistrict Court, S.D. New York · 2001
  5. Makripodis v. Merrell-Dow Pharmaceuticals, Inc.Supreme Court of Pennsylvania · 1987

35 more not listed; retrieve them via the Exa API.

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