Laura Campoy v. Playtex Family Products, Corp., Ortho Pharmaceutical Corp.

76 F.3d 384 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Laura CAMPOY, Plaintiff-Appellant v. PLAYTEX FAMILY PRODUCTS, CORP., Ortho Pharmaceutical Corp. Defendant-Appellant. No. 94-16563. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1995. Decided Jan. 30, 1996. Before: BROWNING, CANBY and HALL, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff/Appellant Laura Campoy brought a products liability suit against Ortho Pharmaceutical Corp. alleging that Ortho had inadequately warned doctors and consumers of the risk of toxic shock syndrome from diaphragm use. Campoy now appeals the district court's summary judgment for defendant Ortho. We affirm. BACKGROUND 3 Campoy's physician, Dr. Ruth Crane, fitted Campoy with an Ortho All-Flex Diaphragm and gave her a prescription for a diaphragm. Dr. Crane cannot recall Campoy's visit, but Dr. Crane testified that her usual instructions to patients were "that they need to insert [the diaphragm] before they have…