Chapter 536
AN ACT
HB 2448
Relating to medications that are intended to
inhibit the enzyme known as cyclooxygenase-2.
Be It Enacted by the People of
the State of
SECTION 1. (1) As used in this section, “COX-2
inhibitor” means a medication that is intended to inhibit the enzyme known as
cyclooxygenase-2.
(2) A civil action for
injury, including any product liability action under ORS 30.900 to 30.920 and
any action based on negligence, resulting from the use of a COX-2 inhibitor
must be commenced not later than four years after the date on which the
plaintiff first discovered, or in the exercise of reasonable care should have
discovered, the injury and the causal relationship between the injury and the
product, or the causal relationship between the injury and the conduct of the
defendant.
(3) A civil action for
death, including any product liability action under ORS 30.900 to 30.920 and
any action based on negligence, resulting from the use of a COX-2 inhibitor
must be commenced not later than six years after the date on which the
plaintiff first discovered, or in the exercise of reasonable care should have
discovered, the causal relationship between the death and the product, or the
causal relationship between the death and the conduct of the defendant.
SECTION 2. (1) Except as provided in subsection (2) of
this section, section 1 of this 2007 Act applies only to causes of action
arising on or before January 1, 2007.
(2) Section 1 of this
2007 Act does not apply to any causes of action for which a judgment was
entered in the register of a court before the effective date of this 2007 Act.
Approved by the Governor June 22, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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