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Products Liability Keyed Owen, 8th Ed.
Tetuan v. A.H. Robins Co.
Citation:
738 P.2d 1210 (1987)Facts
Loretta Tetuan, born in 1952, had two children with her husband Michael, including a daughter with Down’s syndrome. After her second child’s birth in 1971, she sought contraception and had a Dalkon Shield IUD inserted by Dr. Pfuetze on September 14, 1971. The doctor did not inform her of the brand or any potential dangers beyond heavier menstrual periods. In 1978, Dr. Pfuetze recommended removal of the IUD but told her she shouldn’t have problems since she had worn it for so long. In 1979, Tetuan developed severe pelvic pain and fever, diagnosed as pelvic inflammatory disease (PID) by Dr. Weber, who prescribed antibiotics but did not remove the IUD. When antibiotics failed, the Dalkon Shield was removed in March 1980, but her pain continued. In June 1980, Dr. Joss performed a complete hysterectomy with removal of her fallopian tubes and ovaries to eliminate all diseased tissue. Her marriage subsequently disintegrated, and she experienced significant psychological trauma from the loss of her reproductive organs. Evidence at trial revealed that A.H. Robins had known about the dangers of the Dalkon Shield’s multifilament string since 1970, which could “wick” bacteria into the uterus, but concealed this information, promoted the product as safe and effective, and even destroyed documents related to the wicking phenomenon in 1975 to avoid liability.
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