74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 2448
 
Sponsored by Representatives P SMITH, JENSON; Representatives
  BARNHART, BONAMICI, BOONE, CLEM, HOLVEY, MACPHERSON, MERKLEY,
  NOLAN, ROSENBAUM, SCHAUFLER, SHIELDS, TOMEI, Senators BROWN,
  BURDICK, DEVLIN, WALKER
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to medications that are intended to inhibit the enzyme
  known as cyclooxygenase-2.
 
Be It Enacted by the People of the State of Oregon:
 
  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. + }
                         ----------
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2448 (HB 2448-A)                       Page 1
 
 
 
 
 
Passed by House May 15, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 5, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2448 (HB 2448-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2448 (HB 2448-A)                       Page 3