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BROWN v. GLAXOSMITHKLINE, LLC

A169544.

523 P.3d 132 (2022)

323 Or. App. 214

Thomas BROWN and Maria Del Carmen Espindola Gomez, individually and as parents and natural guardians of M. B., a minor, Plaintiffs-Appellants, v. GLAXOSMITHKLINE, LLC, Defendant, and Providence Health System-Oregon, d/b/a Providence Newberg Medical Center, f/k/a Providence Newberg Hospital, Defendant-Respondent.

Court of Appeals of Oregon.

December 14, 2022.

Attorney(s) appearing for the Case

Travis Eiva , Portland, argued the cause and filed the briefs for appellants.

Michael T. Stone , Hillsboro, argued the cause and filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

This case requires us to decide whether a hospital that charges for a pharmaceutical drug administered to a patient in its emergency department is a "seller * * * engaged in the business of selling" the drug subject to strict product liability under ORS 30.920. Plaintiffs Thomas Brown and Maria Del Carmen Espindola Gomez, individually...

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