MacDonald v. Ortho Pharmaceutical Corp

Plaintiff received a prescription for contraceptive pills (the pill). Defendant manufactured the pills. The pill dispenser contained a warning required by the United States Food and Drug Administration (FDA), stating that “oral contraceptives are powerful and effective drugs which can cause side effects in some users and should not be used at all by some women, ” and that “the most serious known side effect is abnormal blood clotting which can be fatal.” The word “stroke” did not appear either on the warning or the booklet referred to by the label. As a result of using these pills, Plaintiff suffered a stroke and permanent brain damage. Plaintiff sued Defendant, claiming that Defendant failed to properly warn consumers of the dangers associated with the pills. The jury found that Defendant’s pills caused Plaintiff’s injuries, and that Defendant was liable. However, after the jury verdict, the judge granted Defendant’s Motion for Judgment Notwithstanding the Verdict. The court stated that contraceptives are prescription drugs, and a manufacturer’s duty to warn the consumer is satisfied if the manufacturer gives adequate warnings to the prescribing physician. He concluded that the manufacturer has no duty to directly warn the consumer. Plaintiff appealed.