Cochran v. Wyeth, Inc.

OPINION BY

ALLEN, J.:

¶ 1 In this failure to warn case, we are asked to decide whether a plaintiff can prove proximate causation where a drug manufacturer’s warning disclosed a risk of injury, the plaintiff sustained that very injury, but the manufacturer failed to disclose another risk of injury which the plaintiff did not sustain. We hold that in these circumstances, a plaintiff cannot prove proximate causation because the non-disclosed risk did not materialize in physical injury.

¶ 2 Nancy Cochran (“Appellant”) appeals from the trial court’s order granting summary judgment in favor of Wyeth,…