Opinion
June 16, 1997
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.
The decedent was examined by the defendant Dr. Harold B. Stevelman on February 22, 1990, complaining of pain in her shoulders and ankles. Dr. Stevelman prescribed Voltaren, a non-steroidal anti-inflammatory drug produced by the defendant Geigy Pharmaceuticals, a Division of Ciba-Geigy Corporation. Dr. Stevelman advised the decedent of possible gastrointestinal and kidney complications, but did not discuss any potential liver complications which could develop from the use of the drug. The decedent took the drug for over a month, when she voluntarily discontinued its use after experiencing fatigue, jaundice, rashes, and flu-like symptoms. She returned to Dr. Stevelman, who referred her to a gastroenterologist. She was admitted to a hospital, and diagnosed as having hemolytic anemia. After a period of recovery and relapse, the decedent ultimately died from, inter alia, aplastic anemia.
The plaintiffs commenced this action against Dr. Stevelman for medical malpractice, and against Geigy Pharmaceuticals, a Division of Ciba-Geigy Corporation and Ciba-Geigy Corporation, for marketing a dangerous drug and failure to warn. The defendants' respective motion and cross motion for summary judgment, were denied. We affirm. The plaintiff's expert's affidavits make out a prima facie case that the Voltaren may have caused the decedent's condition, and that Dr. Stevelman was negligent in prescribing the drug or in failing to inform the decedent of the possible complications due to the use of the drug. This was sufficient to defeat the defendants' motion and cross motion for summary judgment (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Zuckerman v. City of New York, 49 N.Y.2d 557).
Pizzuto, J.P., Santucci, Friedmann and Luciano, JJ., concur.