Oksenholt v. Lederle Laboratories

In this action by the plaintiff physician against the defendant manufacturer of a prescription drug, the trial court sustained defendant’s motion to strike plaintiff’s complaint, without leave to plead further, on the express ground that the damages which plaintiff sought to recover were not cognizable under Oregon law under the causes of action pleaded. Plaintiff appeals from the subsequent judgment for the defendant. We reverse.

We take the facts from plaintiff’s complaint. Defendant manufactures the drug Myambutol, which is used in the treatment of pulmonary tuberculosis. Literature…