Tetuan v. A.H. Robins Co.

738 P.2d 1210 (1987)

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Tetuan v. A.H. Robins Co.

Supreme Court of Kansas
738 P.2d 1210 (1987)

SC

Facts

Loretta Tetuan (plaintiff) used the Dalkon Shield (shield), a contraceptive device inserted into the user’s uterus. The device was marketed by A.H. Robins Company (Robins) (defendant) from 1970 to 1974, at which point the company took the device off the market at the urging of the United States Food and Drug Administration. There was evidence that the device was prone to causing pelvic inflammatory disease (PID). Tetuan’s shield was not removed until 1980, after she experienced PID beginning in 1979. Robins had not warned Tetuan’s doctor of the shield’s defect. Tetuan brought a products-liability suit against Robins. Tetuan presented evidence that Robins knew of the dangers of the shield and tried to hide those dangers by misleading doctors and consumers. The jury found in favor of Tetuan. It awarded her $1.7 million in compensatory damages and $7.5 million in punitive damages. Robins appealed.

Rule of Law

Issue

Holding and Reasoning (Allegrucci, J.)

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