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GARFINKEL v. BAYER CORPORATION

8 A.D.3d 162 (2004)

779 N.Y.S.2d 71

GLORIA GARFINKEL, Respondent, v. BAYER CORPORATION, Appellant, et al., Defendant.

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

June 22, 2004.

There are triable issues of fact as to whether the warning label for defendant Bayer's pharmaceutical product, known as CIPRO, was adequate at the time that CIPRO was prescribed for plaintiff. The evidence showed that Bayer was aware of the potential association between CIPRO use and ruptures of the achilles tendon for at least a year prior to October 1994, when the drug was prescribed for plaintiff, but did not during that time...

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