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PHILLIPS v. WYETH LABS., DIV. OF AM. HOME PRODS. CORP.

252 A.D.2d 362 (1998)

675 N.Y.S.2d 76

Diane Phillips, Respondent, v. Wyeth Laboratories, Division of American Home Products Corp., Appellant, et al., Defendant

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

July 2, 1998

In this action to recover for personal injuries allegedly sustained by plaintiff as a result of having taken an oral contraceptive, Nordette 28, manufactured by defendant, Wyeth Laboratories, a triable issue of fact is raised by the affidavit of plaintiff's expert stating that the Nordette 28 package insert did not warn sufficiently against the drug's use by women who smoke. The insert, although advising against smoking while using...

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