Plaintiff contends he sustained injury from improper diagnosis and treatment with an unfit drug manufactured by Abbott Laboratories (Abbott) while he was a patient at Ellis Hospital on or about February 6, 1971. A summons was served on January 24, 1974 and the complaint followed on May 25, 1975. It alleged a cause of action in negligence against the hospital and asserted a breach of express and implied warranties against Abbott. All pleadings and pretrial proceedings were...
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