VITANZA v. UPJOHN CO.

(SC 16343)

257 Conn. 365 (2001)

MICHELE M. VITANZA ET AL. v. THE UPJOHN COMPANY

Supreme Court of Connecticut.

Officially released August 7, 2001.


Attorney(s) appearing for the Case

Richard A. Silver, with whom were Jonathan M. Levine and Peter M. Dreyer, for the appellants (plaintiffs).

Timothy W. Donahue, with whom was Tracey M. Lane, for the appellee (defendant).

Charles D. Ray and Alfred A. DiVincentis, Jr., filed a brief for the Connecticut Business and Industry Association as amicus curiae.

Jeffrey R. Bobbin, Jeremy G. Zimmermann, Naomi B. Graubard and Hugh F. Young, Jr., pro hac vice, filed a brief for the Product Liability Advisory Council, Inc., as amicus curiae.

William F. Gallagher and David McCarry filed a brief for the Connecticut Trial Lawyers Association as amicus curiae.

SULLIVAN, C. J., and BORDEN, NORCOTT, VERTEFEUILLE and ZARELLA, JS.


Opinion

BORDEN, J.

The dispositive issue in this case is whether the learned intermediary doctrine bars the present action brought by the named plaintiff, Michele M. Vitanza, whose husband had died as a result of ingesting a sample of a prescription drug given to her by her physician. The learned intermediary doctrine provides, in general terms, that adequate warnings to a prescribing physician obviate the need for a manufacturer of a prescription...

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