[DOWNLOAD] "Paul Wolfgruber v. Upjohn Company" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Paul Wolfgruber v. Upjohn Company
- Author : Supreme Court of New York
- Release Date : January 21, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Plaintiff Dr. Paul Wolfgruber has been a practicing physician for over 25 years. He prescribed defendants antibiotic, Cleocin, for an infection he developed in 1974 and followed a course of self-treatment. The defendant, Upjohn Company, distributed to the medical profession free samples of Cleocin which contained package inserts warning of possible diarrhea and/or colitis from ingesting the drug. The Physicians Desk Reference also contained similar warnings respecting the use of Cleocin. This is the precise malady incurred by plaintiff as a result of his course of self-treatment. Plaintiff conceded that he knew of the drug since at least 1974 when defendants "detail man" gave him free samples with descriptive literature. Prior to taking the drug himself, he prescribed it to 20 of his patients. His strict products liability and breach of warranty of merchantability of fitness suits against defendant withstood a motion for summary judgment to dismiss them. We reverse.