Rogers v. Smith Kline & French Laboratories

HATHAWAY, Chief Judge.

On January 4, 1966, the appellant, Donald C. Rogers, brought an action under A.R.S. § 12-611 for the wrongful death of his wife. Under the prescription of the appellees, Doctors Steen and Bernstein, Mrs. Rogers had purchased a drug manufactured by the appellee Smith Kline and French Laboratories. The next day, February 12, 1963, she took the drugs internally and subsequently suffered nausea and vomiting. This caused her to faint. She fell, struck her head and her death followed.

Appellant’s wrongful death action was filed almost three years after his wife’s death. The…