This section contains the nature of the case and procedural background.

The action was filed on April 12, 1976, for damages allegedly sustained by P from a Dalkon Shield intrauterine device. D, who inserted the device in August 1972, was charged with willful misconduct (count one) and medical malpractice (count two). Mario De Lara, M.D., who attempted to remove the device on April 17, 1975, was charged with willful misconduct (count three) and medical negligence (count four), and A. H. Robbins Company was charged with the manufacture and distribution of harmful contraceptive intrauterine devices (count five). Eventually, D responded with a demurrer and a motion to strike along with a motion for summary judgment. P filed no opposition to D's motion for summary judgment and made no formal request that the trial court take judicial notice of any document, declaration, or affidavit. D’s motion was granted and P appealed.

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