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Phillips v. Wyeth Laboratories, Division of American Home Products Corp.
Citations: 252 A.D.2d 362; 675 N.Y.S.2d 76; 1998 N.Y. App. Div. LEXIS 7934
Court: Appellate Division of the Supreme Court of the State of New York; July 2, 1998; New York; State Appellate Court
The Supreme Court of New York County, presided over by Justice Stanley Sklar, issued an order on April 2, 1997, which unanimously affirmed the denial of defendant-appellant Wyeth Laboratories' motion for summary judgment to dismiss the personal injury complaint against it. The case involves allegations by the plaintiff of injuries sustained from the oral contraceptive Nordette 28, produced by Wyeth. A key factor in the court's decision was the affidavit from the plaintiff's expert, which indicated that the package insert for Nordette 28 inadequately warned against its use by women who smoke. While the insert cautioned against smoking while using the drug, it did not categorically contraindicate its use for smokers. The expert argued that the associated health risks for smokers necessitated such a categorical warning. The court concluded that Wyeth's warning could not be deemed adequate as a matter of law after analyzing its language and expression. The court dismissed the appellant’s additional arguments as lacking merit.