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SAMUELS v. AM. CYANAMID

130 Misc.2d 175 (1985)

Robert A. Samuels et al., Plaintiffs, v. American Cyanamid Company et al., Defendants. Sclavo, Inc., Defendant and Third-Party Plaintiff, v. Texaco, Inc., Third-Party Defendant. American Cyanamid Company, Defendant and Third-Party Plaintiff, v. Texaco, Inc., Third-Party Defendant.

Supreme Court, Trial Term, New York County.

November 6, 1985

Attorney(s) appearing for the Case

Siff & Newman, P. C. (Mark S. Landman of counsel), and Gage & Tucker (W. Russell Welsh of counsel), for plaintiffs. Donovan, Leisure, Newton & Irvine (J. Peter Coll, Jr., and Jeffrey A. Conciatori of counsel), for American Cyanamid Company, defendant. Costello & Shea (Joseph M. Costello, Frederick N. Gaffney and William A. Goldstein of counsel), for Wyeth Laboratories, Inc., defendant. Lester Schwab Katz & Dwyer (Allan Fudim and Frederick H. Fern of counsel), for Sclavo, Inc., defendant. Jackson & Nash (Christopher S. Rooney of counsel), for Texaco, Inc., third-party defendant.

DAVID B. SAXE, J.

I. INTRODUCTION

In a recent strict product liability case that was tried before me and a jury, the applicability of New York's "informed intermediary doctrine", requiring a pharmaceutical manufacturer to warn only the prescribing physician and not the ultimate user of the side effects and possible risks of prescription drugs was at issue.

I considered the rationale for this...

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