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BOCCI v. KEY PHARMACEUTICALS, INC.

A9210-07050; CA A86556.

974 P.2d 758 (1999)

158 Or. App. 521

Paul R. BOCCI, Jr., guardian ad litem for Paul R. Bocci, III, an incapacitated individual, Plaintiff, v. KEY PHARMACEUTICALS, INC., a foreign corporation, Schering-Plough Corporation, a foreign corporation, and Schering Corporation, a foreign corporation, Appellants, and Miles, Inc., an Indiana corporation, Miles, Inc., Pharmaceutical Division, an Indiana Corporation, Legacy Health System, an Oregon Corporation, Legacy Immediate Care Clinic, Frederick D. Edwards, M.D., and The Eugene Clinic, a partnership, Defendants. Frederick D. Edwards, M.D., Cross-Claim Plaintiff-Respondent, v. Key Pharmaceuticals, Inc., a foreign corporation, Schering-Plough Corporation, a foreign corporation, and Schering Corporation, a foreign corporation, Cross-Claim Defendants—Appellants.

Court of Appeals of Oregon, En Banc.

Resubmitted December 9, 1998.

Decided February 17, 1999.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause for appellants. With him on the briefs were Sharon A. Rudnick, James E. Mountain, Jr., and Harrang Long Gary Rudnick, P.C.

Mary Spillane argued the cause for respondent. On the brief were Margaret A. Sundberg, and Williams, Kastner & Gibbs LLP, and Daniel M. Holland, Ronald B. Terzenbach and Loomis & Holland.

Before DEITS, Chief Judge, WARREN, EDMONDS, LANDAU, HASELTON, ARMSTRONG and WOLLHEIM, Judges, and RIGGS, Judge pro tempore.

Resubmitted En Banc December 9, 1998.

PER CURIAM.

Affirmed by an equally divided court.

RIGGS, J. pro tempore, concurring.

Defendant Key Pharmaceuticals, Inc. (Key)1 appeals from a jury verdict in favor of defendant/cross-claim plaintiff Dr. Frederick Edwards (Edwards), that awarded a total of $23 million in compensatory and punitive damages. Key manufactures the prescription drug Theo-Dur, an asthma medication...

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