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WOLFGRUBER v. UPJOHN CO.

72 A.D.2d 59 (1979)

Paul Wolfgruber, Respondent, v. Upjohn Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 21, 1979

Attorney(s) appearing for the Case

Kernan & Kernan, P. C. (Andrea Lynch of counsel), for appellant.

Shults & Shults (Eric Shults of counsel), for respondent.

SIMONS, HANCOCK, JR., DOERR and MOULE, JJ., concur.

CARDAMONE, J. P.

Plaintiff Dr. Paul Wolfgruber has been a practicing physician for over 25 years. He prescribed defendant's 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...

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