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TRACY v. MERRELL DOW PHARMACEUTICALS, INC.

No. 89-2138.

58 Ohio St. 3d 147 (1991)

TRACY, ADMX., ET AL., APPELLEES, v. MERRELL DOW PHARMACEUTICALS, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 27, 1991.

Attorney(s) appearing for the Case

Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., Thomas Mester, Richard C. Alkire and Joel Levin, for appellees.

Reminger & Reminger Co., L.P.A., Craig A. Marvinney and Gary H. Goldwasser, for appellants.

Arter & Hadden, R. Crawford Morris, George Gore and Irene C. Keyse-Walker, urging reversal for amicus curiae, Pharmaceutical Manufacturers Association.

Rohrbacher, Nicholson & Light, David J. Rohrbacher and Barbara A. Braun Hafner, urging reversal for amicus curiae, Sandoz Pharmaceuticals Corporation.

H. BROWN, J.

In this civil action alleging medical malpractice and products liability, we consider two issues: (1) whether a jury instruction on the learned intermediary doctrine was appropriate with respect to an investigational drug, and (2) whether the trial court abused its discretion with respect to alleged discovery rule violations. For the reasons which follow we reverse the court of appeals and reinstate the jury verdict.

I

Learned Intermediary...

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