Opinion · New York Court of Appeals

Wolfgruber v. Upjohn Co.

52 N.Y.2d 768

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1980-12-18
Topic
general

manufacturer must notify the medical community as to those risks which manufacturer has, or in the exercise of due diligence, should have knowledge | 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

Cited by
31 opinions

*770 OPINION OF THE COURT

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.