Zuchowicz v. United States
United States Court of Appeals for the Second Circuit
140 F.3d 381 (2nd Cir. 1998)
Patricia Zuchowicz (plaintiff) filled a prescription for the drug Danocrine at the Naval Hospital pharmacy in Groton, Connecticut. The prescription mistakenly directed her to take 1600 milligrams of Danocrine per day. This was twice the recommended daily dosage. After developing primary pulmonary hypertension (PPH) and other health problems, Mrs. Zuchowicz filed suit against her physicians and pharmacists, employed by the United States government (defendant), for negligence. Mrs. Zuchowicz died during the lawsuit, and her husband, Steven Zuchowicz (plaintiff) continued the suit on his wife’s behalf. At trial, Zuchowicz’ expert witness, Dr. Matthay, testified he was confident to a reasonable medical certainty that the Danocrine, and specifically the overdose of Danocrine given to Mrs. Zuchowicz, caused her PPH. Dr. Matthay did not rule out all other possible causes of PPH, but given Mrs. Zuchowicz’s relatively healthy prior medical history, he testified it was extremely likely that her PPH was drug-induced. The trial court awarded Zuchowicz $1,034,236.02 in damages.
Rule of Law
Holding and Reasoning (Calebresi, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.