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MARTIN BY MARTIN v. ORTHO PHARMACEUTICAL CORP.

No. 78520.

661 N.E.2d 352 (1996)

169 Ill.2d 234

214 Ill.Dec. 498

Robert Lee MARTIN III, a Minor, By His Parents, Robert Lee MARTIN, Jr., and Clyntie Martin, Appellee, v. ORTHO PHARMACEUTICAL CORPORATION, Appellant.

Supreme Court of Illinois.

January 18, 1996.

Attorney(s) appearing for the Case

Thomas F. Lucas, Burditt & Radzius, Chrtd., Chicago (Charles J. Walsh and Steven R. Rowland, Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, P.A., Newark, New Jersey, of counsel), for appellant.

William J. Jovan, Chicago, for appellee.

William P. Richmond, Michael W. Davis, Jeffrey R. Tone and James B. Speta, of Sidley & Austin, Chicago, for amici curiae G.D. Searle & Co. et al.

Bruce N. Kuhlik and Caroline M. Brown, of Covington & Burling, Washington, D.C. (Marjorie E. Powell, of counsel), for amicus curiae Pharmaceutical Research & Manufacturers of America.

Jonathan L. Loew and David I. Schrodt, of Spitzer, Addis, Susman & Krull, Chicago, for amicus curiae Illinois Trial Lawyers Association.

Justice HEIPLE delivered the opinion of the court:

Plaintiffs, on behalf of their minor child, brought suit in the circuit court of Cook County against the manufacturer of the oral contraceptive which the mother ingested during her pregnancy, alleging that the manufacturer's failure to warn the mother of the dangers of the oral contraceptive was the proximate cause of their child's birth defects. This court has previously held, under the learned intermediary doctrine...

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