[Download] "Bonnie and Richard Mowery v. Crittenton" by Court of Appeals of Michigan # Book PDF Kindle ePub Free

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eBook details

• Title: Bonnie and Richard Mowery v. Crittenton
• Author : Court of Appeals of Michigan
• Release Date : January 26, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

On June 27 and August 6, 1985, the circuit court for Oakland County, pursuant to GCR 1963, 117.2(1) and (3), entered orders of summary judgment in favor of defendants Ayerst Laboratories, Inc., and American Home Products, Inc., as to the issues of defendants' failure to test their drug product, Phospholine Iodide, and failure to warn plaintiffs of its dangers. Plaintiffs appeal as of right raising two issues: (1) whether a drug manufacturer has the duty to warn the ultimate consumer of the product's dangers; and (2) whether the trial court erred in finding that defendants' alleged failure to adequately test the drug product was not the proximate cause of plaintiff's injury. 1 On August 26, 1981, at Crittenton Hospital, co-defendant Dr. Rose Malach performed a cataract removal and implantation of an intraocular lens on plaintiff Bonnie Mowery's right eye. The procedure involved the removal of the eye's natural lens which has an opaque covering or a cataract and its replacement with an artificial lens. Preoperatively, Dr. Malach explained to plaintiffs this surgical procedure's known risks of detachment of the retina, the portion of the eye containing the rods and cones, which transmits images to the optic nerve allowing vision. Plaintiff Bonnie Mowery signed a consent form acknowledging her awareness of all of the risks of cataract surgery.

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