BOWERMAN v. TOMHAVE

Civ. A. No. 75-3353.

414 F.Supp. 7 (1975)

Paula C. BOWERMAN and Robert S. Bowerman, husband and wife v. Dr. Robert N. TOMHAVE and Ortho Pharmaceutical Corp.

United States District Court, E. D. Pennsylvania.

December 23, 1975.


Attorney(s) appearing for the Case

Jack E. Feinberg, Philadelphia, Pa., for plaintiffs.

A. Grant Sprecher, Philadelphia, Pa., for Tomhave, M.D.

Edward W. Madeira, Jr., and Murray S. Levin, Philadelphia, Pa., for Ortho.


MEMORANDUM AND ORDER

FULLAM, District Judge.

According to plaintiffs' pleadings, an intra-uterine loop manufactured by the defendant Ortho was inserted into the uterus of the wife plaintiff by the defendant doctor in March 1975. It pierced the uterine wall, and had to be removed surgically. Plaintiffs claim that Ortho was negligent, and is liable under § 402A because the loop was defectively designed, and because Ortho failed to provide adequate warnings...

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