POMPA v. BURROUGHS CO.


259 A.D.2d 18 (1999)

696 N.Y.S.2d 587

PATRICK M. POMPA et al., Respondents, v. BURROUGHS WELLCOME COMPANY, Appellant, et al., Defendants.

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

October 21, 1999.


Attorney(s) appearing for the Case

Nixon & Peabody, L. L. P., Rochester (Andrew M. Burns of counsel), for appellant.

Brown, Pinnisi & Michaels, P. C., Ithaca (Michael D. Pinnisi and John R. Mayer of counsel), for respondents.

CARDONA, P. J., CREW III, GRAFFEO and MUGGLIN, JJ., concur.


OPINION OF THE COURT

SPAIN, J.

Beginning in the summer of 1987 and ending in January 1991, plaintiff Patrick M. Pompa (hereinafter plaintiff), was prescribed and consumed the drug acyclovir marketed under the trade name of Zovirax. In 1988 to 1989, plaintiff began experiencing certain symptoms, including anxiety, confusion, uncontrollable fits of rage and paranoia, as well as hallucinations. In March 1989 he suffered...

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