McKee v. Moore

HODGES, Justice.

The dispositive issue on appeal is whether the manufacturer of an intrauterine contraceptive device [IUD] has the duty to directly warn the ultimate consumer, or if a warning to the physician of possible side effects is sufficient.

Ortho Pharmaceutical Corporation [Or-tho], appellee, is the manufacturer of the Lippes Loop, an IUD. One of these devices was inserted by Dr. George Moore in the uterus of Carol Ann McKee, appellant. Five years later, after a pregnancy, a miscarriage, a tubal ligation, and during a hysterectomy, it was discovered that the IUD had perforated the…