MacDonald v. Ortho Pharmaceutical Corp.
Massachusetts Supreme Judicial Court
475 N.E.2d 65 (Mass. 1985)
MacDonald (plaintiff) received a prescription for Ortho-Nuvum birth control pills manufactured by Ortho Pharmaceutical Corp. (Ortho) (defendant), and the pill packaging and an accompanying booklet warned of blood-clotting risk but never mentioned stroke risk, even though Ortho had separately warned MacDonald's physician about stroke; after three years of use, MacDonald suffered a permanently disabling stroke and testified she would not have used the pills had she known of that risk. A jury found for MacDonald, but the trial judge granted Ortho judgment notwithstanding the verdict, and MacDonald appealed.
Whether a drug manufacturer has a duty to warn consumers of all dangers inherent in the use of oral contraceptives.