GOLDBERG v. MALLINCKRODT, INC.

No. 448, Docket 85-7682.

792 F.2d 305 (1986)

Donald D. GOLDBERG, M.D., Plaintiff-Appellant, v. MALLINCKRODT, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 9, 1986.


Attorney(s) appearing for the Case

Charles L. Bach, Jr., New York City (Stewart A. Cunningham, Law Graduate, Heidell, Pittoni, Murphy & Bach, P.C., New York City, of counsel), for plaintiff-appellant.

Lawrence V. Senn, Jr., New York City (Karen M. Cullen, Patricia Hayashi, Mudge Rose Guthrie Alexander & Ferdon, New York City, of counsel), for defendant-appellee.

Before LUMBARD, CARDAMONE and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Dr. Donald Goldberg appeals from a grant of summary judgment in favor of Mallinckrodt, Inc., the manufacturer of an allegedly unsafe medical dye. Dr. Goldberg's complaint alleged that defendant had fraudulently misrepresented the safety of its product with the result that two of his patients were injured when he administered the dye. He claimed damages for his emotional distress and for his loss of income as a result of spending time defending...

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