CAROL ANN FELDMAN, PLAINTIFF-APPELLANT,
v.
LEDERLE LABORATORIES, A CORPORATION, AND AMERICAN CYANAMID COMPANY, A CORPORATION, DEFENDANTS-RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued January 10, 1984.
Decided July 30, 1984.
Attorney(s) appearing for the Case
James I. Peck, IV, argued the cause for appellant.
James L. Melhuish argued the cause for respondents (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowki, attorneys; James L. Melhuish and Bernard A. Leroe, of counsel; James L. Melhuish and Kevin E. Wolff, on the briefs).
Arthur Ian Miltz argued the cause for amicus curiae The New Jersey Affiliate of the Association of the Trial Lawyers of America (Kronisch & Schkeeper, attorneys).
John L. McGoldrick argued the cause for amici curiae (McCarter & English, attorneys for Pharmaceutical Manufacturers Association and Eli Lilly and Company; Lum, Biunno & Tompkins, attorneys for Abbott Laboratories; Braff, Litvak, Ertag, Wortmann & Harris, attorneys for Burroughs Wellcome Co.; Shanley & Fisher, attorneys for Merck & Co., Inc.; Porzio, Bromberg & Newman, attorneys for Pfizer Inc. and Warner-Lambert Co.; Kuttner & Toner, attorneys for Schering-Plough Corp.; Sills, Beck, Cummis, Zuckerman, Radin & Tischman, attorneys for E.R. Squibb & Sons, Inc.; Lamb, Hutchinson, Chappell, Ryan and Hartung, attorneys for The Upjohn Company; John L. McGoldrick, Keith E. Lynott, David R. Kott, John F. Brenner and Gordon M. Chapman, on the brief).
Barry M. Epstein submitted a separate brief on behalf of amicus curiae E.R. Squibb & Sons, Inc. (Sills, Beck, Cummis, Zuckerman, Radin & Tischman, attorneys; Marc S. Klein, on the brief).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by SCHREIBER, J.
In this case defendants and amici drug manufacturers argued that the doctrine of strict products liability should not apply to prescription drugs. We hold otherwise and conclude that drug manufacturers have a duty to warn of dangers of which they know or should have known on the basis of reasonably obtainable or available knowledge.
Plaintiff, Carol Ann Feldman, has gray teeth as a result of taking...
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