ESTATE OF LaMONTAGNE v. BMS

No. 53489-1-I.

111 P.3d 857 (2005)

ESTATE OF Sandra LaMONTAGNE, Donald LaMontagne, as Personal Representative of the Estate, Donald LaMontagne, Individually and as Heir of the Estate; Lynn Dollmeyer, Individually and as Heir of the Estate; Juliann Dollmeyer, Individually and as Heir of the Estate, Merrilee Buckley, Individually and as Heir of the Estate, Marlee Riggin, Individually and as Heir of the Estate, June Meehan, Individually and as Heir of the Estate, December LaMontagne, Individually and as Heir of the Estate, Scott LaMontagne, Individually and as Heir of the Estate, Appellants, v. BRISTOL-MYERS SQUIBB, a Corporation with its principal place of business in the State of Connecticut; Joseph Eschbach, MD and Jane Doe Eschbach, his wife and their marital community; Adrian Call, MD and Jane Doe Call, his wife and their marital community; John Doe No. 1, and Jane Doe No. 1, his wife and their marital community; John Doe No. 2 and Jane Doe No. 2, his wife and their marital community; John Doe No. 3, a manufacturer of generic metformin, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered May 4, 2005.

As Corrected May 23, 2005.


Attorney(s) appearing for the Case

Ralph D. Pittle, Bellevue, WA, for Appellants.

Michael R. Scott, Seattle, WA, for Respondents.


SCHINDLER, J.

¶ 1 Juliann Dollmeyer, the personal representative of the Estate of Sandra LaMontagne (the Estate) appeals the trial court's decision on summary judgment to dismiss the Estate's prescription drug product liability claims against Bristol-Myers Squibb Company (BMS). The Estate contends there are material issues of fact about whether the "contraindication" section of the package insert for the prescription drug Glucophage® adequately warned doctors...

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