OKSENHOLT v. LEDERLE LABORATORIES, ETC.

Nos. A7808-13974; CA 16160; SC 27778.

656 P.2d 293 (1982)

294 Or. 213

Erling OKSENHOLT, Respondent On Review, v. LEDERLE LABORATORIES, a Division of American Cyanamid Corporation, a New York Corporation, Petitioner On Review.

Supreme Court of Oregon.

Reargued September 7, 1982.

Decided December 21, 1982.


Attorney(s) appearing for the Case

E. Richard Bodyfelt, Portland, argued the cause for petitioner on review. With him on the petition were Roger K. Stroup and Bodyfelt, Mount & Stroup, Portland. With him on the brief in the Court of Appeals were Peter R. Chamberlain and Bodyfelt, Mount & Stroup, Portland.

Richard P. Noble, Portland, argued the cause and filed briefs for respondent on review.


LENT, Chief Justice.

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.

Plaintiff's amended complaint asserted that...

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