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· 11/3/2005

City of New York v. Land & Building Known as 355 West 41st Street

Citations

  • 23 A.D.3d 183
  • 805 N.Y.S.2d 32

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • declining to hold as a matter of law that manufacturer's decision to limit its warnings to \package inserts\ to be sufficient for serious side-effects
  • finding publication in PDR to be a \well-known method[ ] by which pharmaceutical manufacturers apprise the medical profession of the dangers of a drug\
  • where doctor failed to read warning in package insert and misused product, drug manufacturer could be held liable for its failure to “employ other, more effective means of communicating its warning.”
  • question of fact as to adequacy of drug manufacturer’s means — including warning on package insert — of fulfilling its duty to bring information to attention of medical community
  • a drug manufacturer must keep abreast of knowledge of its products gained through research and other means and must take reasonably necessary steps to bring that knowledge to the attention of the medical profession
  • a drug manufacturer must keep abreast of knowledge of its products gained through research and other means and must take reasonably necessary steps to bring that knowledge to the attention of the medical profession

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.