McEWEN v. ORTHO PHARMACEUTICAL CORPORATION


528 P.2d 522 (1974)

Freda McEwen, Respondent, v. ORTHO PHARMACEUTICAL CORPORATION and Syntex Laboratories, Inc., Appellants.

Supreme Court of Oregon.

Decided November 15, 1974.


Attorney(s) appearing for the Case

Edwin J. Peterson, Portland, argued the cause for appellant Ortho Pharmaceutical Corp. With him on the brief were Tooze, Kerr & Peterson, and Souther, Spauding, Kinsey, Williamson & Schwabe, Portland.

Sheila L. Birnbaum, New York City, argued the cause for appellant Syntex Laboratories. On the brief were Bruce Spaulding, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

J. Harold Williams, of Michaud, Cranmer, Syrios & Post, Wichita, Kan., and Roger Tilbury, Portland, argued the cause for respondent. With them on the brief were Bruce J. Rothman, and Martindale, Ruben & Rothman, Portland.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, HOWELL and BRYSON, JJ.


HOWELL, Justice.

This is a negligence action involving the liability of a manufacturer of ethical drugs1 for its alleged failure to make timely, adequate warnings to the medical profession of dangers which the manufacturer knows, or has reason to know, are inherent in the use of its drug.

Freda McEwen brought this action against defendants, Ortho Pharmaceutical Corporation and Syntex Laboratories, Inc. (hereinafter Ortho and Syntex...

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