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SENN v. MERRELL-DOW PHARMACEUTICALS

USDC 84-1250-FR; USCA 86-3682; SC S34097, USDC 85-1852-FR; USCA 86-3802; SC S34097.

751 P.2d 215 (1988)

305 Or. 256

Elizabeth SENN As Guardian Ad Litem for Mandy Senn, Plaintiff-Appellant, v. MERRELL-DOW PHARMACEUTICALS, Inc., and American Home Products Corporation, Defendants-Respondents. American Cyanamid Company, Inc.; Eli Lilly & Co., Inc.; Warner-Lambert Co., Inc.; Parke Davis & Co., Inc.; Connaught Laboratories, Inc. of America; and Dow Chemical Co., Inc., Defendants. Elizabeth Senn As Guardian Ad Litem for Mandy Senn, Plaintiff-Appellant, v. Wyeth Laboratories, Inc., Defendant-Respondent.

Supreme Court of Oregon, In Banc.

Decided March 1, 1988.

Attorney(s) appearing for the Case

Robert Kaufman of Rensberry, Nelson, Petruska & Allen-Moore, P.C., Gaylord, Mich., argued the cause, for plaintiff-appellant. With him on the brief, was John Smallmon, Hermiston.

Ridgway K. Foley, Jr., Portland, argued the cause for defendants-respondents Wyeth Labs Div. of American Home Products Corp. and Wyeth Laboratories, Inc. With him on the brief, were Mary Davis Wilcox, Roland F. Banks, Jr., and Schwabe, Williamson & Wyatt, Portland.

Daniel M. Holland, Eugene, argued the cause, for defendant-respondent Merrell-Dow Pharmaceuticals, Inc. With him on the brief, were Denise G. Fjordbeck and Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene.

CAMPBELL, Justice.

We have accepted certification of two questions from the United States Court of Appeals for the Ninth Circuit to resolve certain issues of tort liability under Oregon law. The questions certified to us are these: (1) Under Oregon law, if the plaintiff in a products liability action shows that two defendant drug manufacturers each produced a drug either defectively designed or defective because of failure to warn of risks inherent in the use of the...

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