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IN RE CERTIFIED QUESTIONS

Docket Nos. 68958, 69340. (Calendar Nos. 20, 21).

419 Mich. 686 (1984)

358 N.W.2d 873

In re CERTIFIED QUESTIONS ODGERS v. ORTHO PHARMACEUTICAL CORPORATION GRAINGER v. SANDOZ PHARMACEUTICALS

Supreme Court of Michigan.

Decided December 10, 1984.

Attorney(s) appearing for the Case

Philo, Atkinson, Steinberg, Walker & White (by Harry M. Philo, Linda Miller Atkinson, and Richard L. Steinberg) for plaintiff Odgers.

Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Steven G. Silverman) for plaintiff Grainger.

Warner, Norcross & Judd (by Wallson G. Knack and Paul T. Sorensen) and Patterson, Belknap, Webb & Tyler (of counsel) for defendant Ortho Pharmaceutical Corporation.

Harvey, Kruse, Westen & Milan, P.C. (by Dave A. Lupo and Paul S. Koczkur), for defendant Sandoz Pharmaceuticals.

Amici Curiae:

Baxter & Hammond (by Richard B. Baxter and Robert N. Hammond) for Michigan Defense Trial Counsel, Inc.

Thomas H. Bleakley, P.C. (by Thomas H. Bleakley, Richard J. Dimanin, and Brian J. McKeen), for Michigan Trial Lawyers Association.

Decided December 10, 1984. Rehearing denied in Odgers, 421 Mich. 1202.

LEVIN, J.

The questions certified by the United States District Court present the issue whether a manufacturer of oral contraceptives or other prescription drugs has a duty to disclose the risks and potential side effects of the drugs directly to the patient. This Court has not addressed this issue, although it has, in obiter dictum, stated that the manufacturer does not ordinarily have...

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