Cochran v. Brooke

890 P.2d 904 (1966)

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Nature of the Case

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Facts

Cochran (P) suffered an almost total vision loss alleged to have resulted from taking the drug, chloroquine, prescribed by Brooke (D). D was a doctor who began using the malaria drug for treatment of arthritis as approved by the FDA. Literature on use stated that some temporary visual blurring accompanied use. P took the drug and suffered vision impairment. There was conflict between medical experts as to whether her condition was caused by taking the drug. The drug was manufactured by Sterling Drug Company (D1). P charged D with malpractice and charged negligence and breach of warranty against D1. A directed verdict was granted, and P appealed.