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· 9/1/2009

Navarone Productions v. HSBC Gibbs Gulf Insurance Consultants Limited

Citations

  • 65 A.D.3d 868
  • 884 N.Y.S.2d 425

How courts have described this case

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

  • holding that plaintiff could not show proximate cause where treating physician had independent knowledge of the risks posed by treatment, because “physician’s decision not to inform the plaintiff of the risk ... was an intervening cause.”
  • finding prescriber’s independent awareness that particular adverse event was a “possible adverse reaction associated with” the medication prevented plaintiff from demonstrating proximate cause
  • applying the informed intermediary doctrine where the treating physician \testified that he was independently aware of the dangers involved\ despite his \decision not to inform the plaintiff of the risk\ of a side effect the patient ultimately experienced
  • no liability where plaintiff suffered “bilateral aseptic necrosis of the femoral head” after ingesting prednisone, and PDR and package inserts expressly listed this specific condition as possible adverse reaction, but physician knowingly chose not to warn patient

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.