VIGIO v. NEW YORK HOSP.


228 A.D.2d 278 (1996)

644 N.Y.S.2d 39

Ramon Vigio et al., Respondents, v. New York Hospital et al., Defendants, and Smithkline & French Laboratories et al., Appellants. (And Another Action.)

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

June 13, 1996


Issues of fact sufficient to preclude summary judgment remain as to whether the use of the labor inducing drug, pitocin, caused or contributed to the decedent's physical condition and as to whether defendant Parke, Davis provided adequate warnings concerning the use of that drug. Plaintiffs' expert in obstetrics and gynecology has submitted affidavits that are sufficient to rebut Parke, Davis' assertion that the decedent's neurological condition was solely the result of a...

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