MacDonald v. Ortho Pharmaceutical Corp. case brief

MacDonald v. Ortho Pharmaceutical Corp. case brief summary
475 N.E.2d 65 (Mass. 1985)

CASE SYNOPSIS

Plaintiff consumers appealed a decision of the Superior Court (Massachusetts), which entered judgment notwithstanding the verdict in favor of defendant contraceptive manufacturer on the ground that the manufacturer did not owe a duty to warn plaintiffs of inherent dangers of using oral contraceptives.

CASE FACTS
Plaintiffs appealed a judgment notwithstanding the verdict in favor of defendant contraceptive manufacturer, contending that the manufacturer owed a duty to warn consumers of the inherent dangers of using oral contraceptives.

DISCUSSION

• The court reversed and remanded the case for an entry of judgment in favor of plaintiffs. 
• The manufacturer was not justified in relying on warnings to medical profession to satisfy common law duty to warn, because oral contraceptives bear peculiar characteristics requiring the manufacturer to directly warn users of the associated risks. 
• The manufacturer had a duty to provide written warnings conveying reasonable notice of nature, gravity, likelihood of known or knowable side effects, and advising consumer to consult a physician for further explanation. 
• The warning had to be comprehensible to the average user and convey a fair indication of the nature and extent of the danger to the mind of a reasonably prudent person.

CONCLUSION

The court reversed the trial court's judgment and remanded the cause to the trial court for entry of judgment in plaintiffs' favor. The manufacturer had a duty to warn plaintiffs of the dangers inherent to the use of oral contraceptives and could not rely on warning the medical profession to satisfy its common law duty to warn.

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