Legal Opinion
Oksenholt v. LEDERLE LABORATORIES, ETC.
Oregon Supreme Court
Decided December 21, 1982No. A7808-13974, CA 16160, SC 27778PublishedCited by 44 opinions
1Opinion of the CourtLent, C. J.
The following issue is presented: Can a physician maintain an action for misrepresentation and negligence against a prescription drug manufacturer that misrepresents information about its drug to the doctor? If so, what damages are legally cognizable? We hold that a physician can maintain such an action and may recover certain foreseeable damages that are the result of the misconduct alleged.
Plaintiffs amended complaint asserted that he was entitled to recover damages in negligence and in fraud. Defendant moved to strike the amended complaint on the ground that “the losses claimed by…
2Cases cited18 opinions
- McEwen v. Ortho Pharmaceutical CorporationOregon Supreme Court · 1974
- State Ex Rel. Western Seed Production Corp. v. CampbellOregon Supreme Court · 1968
- Berg v. General Motors Corp.Washington Supreme Court · 1976
- Wampler v. PalmertonOregon Supreme Court · 1968
- Ore-Ida Foods, Inc. v. Indian Head Cattle Co.Oregon Supreme Court · 1981
13 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Washington State Physicians Insurance Exchange & Ass'n v. Fisons Corp.Washington Supreme Court · 1993
- Coursen v. A.H. Robins Co.Court of Appeals for the Ninth Circuit · 1985
- Oregon Laborers-Employers Health & Welfare Trust Fund v. Philip Morris Inc.Court of Appeals for the Ninth Circuit · 1999
- Nearing v. WeaverOregon Supreme Court · 1983
- Lisa Jorgensen v. Massachusetts Port Authority, Appeal of Donald Hertzfeldt and Peter LangleyCourt of Appeals for the First Circuit · 1990
39 more not listed; retrieve them via the Exa API.