Jones

Jones v. Ortho Pharmaceutical Corp.

Good Law
163 Cal. App. 3d 396·1985 Cal. App. LEXIS 1501·209 Cal. Rptr. 456
Court of Appeal of CaliforniaJanuary 3, 1985B004876California3,315 words

Opinion

Opinion

Compton, J.

Plaintiff Cinderella Jones instituted this action to recover damages for a cancerous condition she allegedly suffered as a result of ingestion of “Ortho-Novum SQ,” a contraceptive pill developed and manufactured by defendant Ortho Pharmaceutical Corporation (Ortho). At the close of plaintiff’s case-in-chief, the trial court granted defendant’s motion for nonsuit on the ground that the evidence was insufficient to establish a reasonable causal connection between the development or aggravation of the disease and the use of the suspect drug. On this appeal, plaintiff contends that there was sufficient evidence present to warrant the case going to the jury. We disagree and thus affirm the judgment of nonsuit.

Viewing the record in the light most favorable to plaintiff, as we must, the evidence adduced at trial reveals the following chronology of events.

Plaintiff was born in May 1952. Shortly before her 17th birthday she experienced her first act of premarital sexual intercourse. Plaintiff subsequently married and had one child. Approximately six months before the birth of that child, plaintiff underwent a vaginal examination and was diagnosed as having venereal warts but…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.