Smith v. E. R. Squibb & Sons

Complaint by Eddie Smith, Jr., as the Administrator of the Estate of Shirley Smith, deceased, against E. R. Squibb and Sons, Inc., St. Joseph Mercy Hospital, Anthony E. Kozlinski, M. D., Edward Dolan, M. D., and Maria Scerhelmi, M. D., for damages for the wrongful death of plaintiff's decedent. Judgment on a directed verdict was entered in favor of defendant Kozlinski and a judgment of no cause of action was entered as to the other defendants. Plaintiff appeals as to the judgment entered in favor of defendant Squibb. This is a wrongful death action in which a Wayne County jury returned a verdict of no cause of action in favor of the defendant E.R. Squibb and Sons, Inc. 1 Indisputably the decedent's death followed the injection of a drug manufactured by Squibb. There was no question of any defect in the manufacture of the drug itself, nor of its beneficial qualities when administered as prescribed. The plaintiff contends, however, that Squibb failed properly to warn the medical profession of the dangerous propensities of the drug and of precautionary measures which should be taken following its administration.