TENUTO v. LEDERLE LABORATORIES


276 A.D.2d 550 (2000)

714 N.Y.S.2d 448

DOMINICK TENUTO, Respondent, v. LEDERLE LABORATORIES, a Division of AMERICAN CYANAMID COMPANY, Appellant, and JOHN H. BISHOP, as Executor of LEROY L. SCHWARTZ, Deceased, Respondent.

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

Decided October 10, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

In determining whether judgment as a matter of law is appropriate on a claim to recover damages for a breach of the duty to adequately warn against a prescription drug's side effects, the court must examine the prescription drug warning to determine whether it is "accurate, clear, consistent on its face, and whether it portrays with sufficient intensity the risk involved in taking the drug" in...

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