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ORTHO PHARMACEUTICAL CORP. v. CHAPMAN

No. 1-877 A 169.

388 N.E.2d 541 (1979)

ORTHO PHARMACEUTICAL CORPORATION, Defendant-Appellant, v. Dorothy M. CHAPMAN, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

As Corrected on Denial of Rehearing May 2, 1979.

Attorney(s) appearing for the Case

William P. Wooden, Douglas B. King, Wooden, Stark, McLaughlin & Sterner, Indianapolis, Robert W. Sparks, Johnson & Johnson, New Brunswick, N.J., McFaddin & McFaddin, Rockville, for defendant-appellant.

Clelland J. Hanner, John E. Dowd, Rockville, for plaintiff-appellee.

YOUNG, Judge.

The appellee, Dorothy Chapman, brought suit against the appellant, Ortho Pharmaceutical Corporation, for personal injury suffered by her as a result of taking Ortho-Novum, an oral contraceptive manufactured by the appellant. Her complaint alleged liability on the theories of negligence, strict tort liability under Restatement (Second) of Torts § 402A (1965), and breach of warranty for Ortho's failure to adequately warn of the risk of thrombophlebitis...

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