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Freeman v. Hoffman-La Roche, Inc.

Nebraska Supreme Court
618 N.W.2d 827 (2000)

Facts

Aimee Freeman (plaintiff) was prescribed Accutane to treat chronic acne. She used the product for a little less than two months. Freeman later sued Hoffman-La Roche, Inc. (defendant), Accutane’s manufacturer and distributor, alleging that the drug caused her to develop medical problems including ulcerative colitis, inflammatory polyarthritis, and visual impairment. Freeman claimed to be entitled to recover against Hoffman-La Roche based on (1) strict liability due to design defect, (2) negligent creation of the drug, (3) misrepresentation that Accutane was safe to use, (4) failure to warn, (5) breach of implied warranty, (6) breach of express warranty, and (7) mental distress brought about by future fears of the product’s effects. The Nebraska trial court sustained Hoffman La-Roche’s demurrer to Freeman’s complaint on the basis of McDaniel v. McNeil Laboratories, Inc., 241 N.W.2d 822 (Neb. 1976). Freeman appealed.

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Holding and Reasoning (Connolly, J.)

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