Lacy v. G.D. Searle & Co.

CHRISTIE, Chief Justice:

In this case the Court is called upon to decide whether a user of an intrauterine device (“IUD”) who has recovered a medical malpractice judgment against her physician for improperly inserting the IUD may also seek to recover additional damages in the form of punitive damages against the IUD manufacturer. The right to recover punitive damages is in the first instance dependent upon a finding of liability on the part of the manufacturer, and the Superior Court ruled that the manufacturer was not liable. We hold that the IUD manufacturer sent an adequate instruction…