BAKER v. ST. AGNES HOSP.


70 A.D.2d 400 (1979)

April D. Baker, an Infant, by Beverly Baker, Her Mother and Natural Guardian, et al., Respondents, v. St. Agnes Hospital et al., Defendants; Eli Lilly and Company, Appellant

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

October 29, 1979


Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood (Steven C. Kany, Thomas C. Mazza and Kenneth Thomas of counsel), for appellant.

Katz, Shandell, Katz & Erasmous (Richard E. Shandell of counsel), for respondents.

HOPKINS, DAMIANI and TITONE, JJ., concur.


MOLLEN, P. J.

In this combined medical malpractice and products liability action, the defendant Eli Lilly and Company (Lilly) appeals from the denial of its motion for summary judgment. The question presented concerns the nature of a pharmaceutical manufacturer's obligation to make known the dangers of a drug it supplies.

The drug involved in this case is Dicumarol, an anticoagulant used in the treatment...

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