Oregon Appellate Court Reinstates Zofran Strict Liability Claims Against Hospital

EUGENE, Ore. — The Oregon Court of Appeals has reinstated a Zofran birth defect case against a hospital, ruling there is a question of fact as to whether it was a “seller” of the drug under the state’s strict product liability statute.

In a Dec. 14 opinion, the appellate panel reversed a summary judgment award to the hospital, ruling that it could be subject to liability under Oregon Revised Statute 30.920 as a “seller engaged in the business of selling” Zofran because it transferred the drug’s ownership to the child’s mother in exchange for valuable consideration.

The panel added that …