JACOBSON v. McNEIL CONSUMER & SPECIALTY PHARMACEUTICALS

1128N, 105923/06

68 A.D.3d 652 (2009)

2009 NY Slip Op 9694

891 N.Y.S.2d 387

BARRY JACOBSON et al., Appellants, v. McNEIL CONSUMER & SPECIALTY PHARMACEUTICALS, a Division of McNEIL-PPC, INC., et al., Defendants, and G.D. SEARLE & CO. et al., Respondents.

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

Decided December 29, 2009.


On March 30, 2004, plaintiffs' nine-year-old daughter had two seizures and was brought to NYU-Tisch Hospital, where she was diagnosed with a brain tumor and hydrocephalus. Surgery was performed the next day to remove the tumor, but the child continued to have seizures thereafter. Her doctors prescribed Dilantin, an anticonvulsant, and several medications to treat the pain. On April 26, the child was transferred to the Rusk Institute of Rehabilitation Medicine. While there...

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