Plenger

Plaintiffs in a wrongful death action appeal from the summary judgment entered in favor of defendant, Alza Corporation, after the trial court determined as a matter of law that the intrauterine device (IUD) manufactured by Alza was a prescription drug within the meaning of Brown v. Superior Court (1988) 44 Cal.3d 1049 [ 245 Cal.Rptr. 412 , 751 P.2d 470 ] and that the warnings given by Alza to the physician were adequate as a matter of law.

Facts

Barbara Plenger died on October 21, 1985. The autopsy showed that the cause of death was an infection caused by the insertion of an IUD. Plaintiffs, decedent’s husband and daughter, filed this action for wrongful death alleging one cause of action for medical malpractice against Family Planning Associates Westend Medical Group and a cause of action against Alza, the manufacturer of the IUD for product liability. In their action against Alza, plaintiffs alleged that the IUD was “defective and unsafe for its intended purpose in that it caused injury and death to the plaintiffs’ decedent, Barbara Plenger.”

Four years after the action was filed, Alza moved for summary judgment or in the alternative summary adjudication of issues.…