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LACY v. G.D. SEARLE & CO.

567 A.2d 398 (1989)

Jacqueline M. LACY, Plaintiff Below, Appellant, v. G.D. SEARLE & CO., a Delaware corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 1, 1989.

Rehearing Denied November 17, 1989.

Attorney(s) appearing for the Case

Ben T. Castle, and Melanie K. Sharp (argued) of Young, Conaway, Stargatt & Taylor, and John G. Abramo of Abramo & Abramo, Wilmington, for appellant.

F. Alton Tybout and Robert S. Goldman of Tybout, Redfearn, Casarino & Pell, Wilmington, and Paul F. Strain and Elizabeth C. Honeywell (argued) of Venable, Baetjer and Howard, Baltimore, Md., for appellee.

Before CHRISTIE, C.J., HORSEY and WALSH, JJ.

CHRISTIE, Chief Justice:

In this case the Court is called upon to decide whether a user of an intrauterine device ("IUD") who has recovered a medical malpractice judgment against her physician for improperly inserting the IUD may also seek to recover additional damages in the form of punitive damages against the IUD manufacturer. The right to recover punitive damages is in the first instance dependent upon a finding of liability on the part of the manufacturer, and...

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