Quimbee logo
DMCA.com Protection Status

MacDonald v. Ortho Pharmaceutical Corp.

475 N.E.2d 65 (Mass. 1985)

Case BriefRelatedOptions
From our private database of 26,900+ case briefs...

MacDonald v. Ortho Pharmaceutical Corp.

Massachusetts Supreme Judicial Court

475 N.E.2d 65 (Mass. 1985)

Play video

Facts

Ortho Pharmaceutical Corp. (Ortho) (defendant) manufactured birth control pills. In September 1973, MacDonald (plaintiff) received a prescription from her gynecologist for Ortho-Nuvum birth control pills, manufactured by Ortho. The pill packaging contained a warning that birth control pills may cause side effects, and the most common side effect is abnormal blood clotting which can be fatal. MacDonald also obtained a booklet from her gynecologist discussing the risk of blood clots from using the pills. MacDonald’s physician received warning of the possibility of other side effects, including stroke, from using the pills. However, none of the literature provided to MacDonald mentioned the risk of “stroke” from using the pills. After using the pills for three years, MacDonald suffered a stroke which damaged her brain and left her permanently disabled. She and her husband brought suit against Ortho, where she testified that if she had known of the risk of stroke, she would not have used the pills. MacDonald obtained a jury verdict in her favor. The trial judge granted Ortho judgment notwithstanding the verdict, and MacDonald appealed.

Rule of Law

Issue

Holding and Reasoning (Abrams, J.)

Dissent (O’Connor, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 541,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 541,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 26,900 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership