74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2070
 
                         House Bill 2448
 
Sponsored by Representatives P SMITH, JENSON
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides statute of limitations for injury or death resulting
from use of medication that is intended to inhibit enzyme known
as cyclooxygenase-2.
 
                        A BILL FOR 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.
  (4) A civil action for injury or death resulting from the use
of a COX-2 inhibitor is not subject to ORS 12.115, 30.020 or
30.905 (1) or any other statute of repose in Oregon Revised
Statutes. + }
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, section 1 of this 2007 Act applies to causes of
action arising before, on or after the effective date of this
2007 Act.
  (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. + }
                         ----------