Opinion · New York Court of Appeals
Wolfgruber v. Upjohn Co.
Wolfgruber v. Upjohn Co., 52 N.Y.2d 768 (New York Court of Appeals 1980)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1980-12-18
- Topic
- general
How later courts describe this case
- manufacturer must notify the medical community as to those risks which manufacturer has, or in the exercise of due diligence, should have knowledge
- “prescription drugs are [unavoidably unsafe products” [internal quotation marks omitted]
- prescription drugs are [unavoidably unsafe products . . .
- failure to warn plaintiff required to prove negligence
Citator
UpLaw has not yet analyzed Wolfgruber v. Upjohn Co.. The absence of a flag is not a finding that it is good law.
- Cited by
- 91 opinions
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice Richard J. Cardamons at the Appellate Division (72 AD2d 59).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wachtler. Judge Meyer dissents and votes to reverse in an opinion in which Judge Fuchsberg concurs.