Tracy v. Merrell Dow Pharmaceuticals, Inc.

58 Ohio St.3d 147, 569 N.E.2d 875 (1991)

Tracy participated in an investigational drug study for Nicorette. Tracy continued to smoke despite doctor and written patient materials that warned patients not to smoke or drink while taking Nicorette.

Tracy died of cardiac arrest and brought a products liability claim. Jury was instructed on unavoidably unsafe drugs and the learned intermediary doctrine. Returned verdict for Merrell Dow.