EXHIBIT 5 OPINION AND CONSENT OF BROBECK, PHLEGER & HARRISON LLP June 21, 2000 Dura Pharmaceuticals, Inc. 7475 Lusk Boulevard San Diego, CA 92121 Re: Dura Pharmaceuticals, Inc. - Registration Statement for Offering of an Aggregate of 1,250,000 Shares of Common Stock Dear Ladies and Gentlemen: We have acted as counsel to Dura Pharmaceuticals, Inc., a Delaware corporation (the "Company"), in connection with the registration on Form S-8 (the "Registration Statement") under the Securities Act of 1933, as amended, of 1,250,000 shares of the Company's common stock (the "Shares") for issuance under the Company's 2000 Employee Stock Purchase Plan and 1992 Stock Option Plan (the "Plans"). This opinion is being furnished in accordance with the requirements of Item 8 of Form S-8 and Item 601(b)(5)(i) of Regulation S-K. We have reviewed the Company's charter documents and the corporate proceedings taken by the Company in connection with the establishment and implementation of the Plans. Based on such review, we are of the opinion that, if, as and when the Shares have been issued and sold (and the consideration therefor received) pursuant to (a) the provisions of stock option agreements duly authorized under the 1992 Stock Option Plan and in accordance with the Registration Statement, or (b) duly authorized direct stock issuances under the 1992 Stock Option Plan effected in accordance with the Registration Statement, or (c) duly authorized stock purchase rights issued under the 2000 Employee Stock Purchase Plan effected in accordance with the Registration Statement, such Shares will be duly authorized, legally issued, fully paid and nonassessable. We consent to the filing of this opinion letter as Exhibit 5 to the Registration Statement. This opinion letter is rendered as of the date first written above and we disclaim any obligation to advise you of facts, circumstances, events or developments which hereafter may be brought to our attention and which may alter, affect or modify the opinion expressed herein. Our opinion is expressly limited to the matters set forth above and we render no opinion, whether by implication or otherwise, as to any other matters relating to the Company, the Plans or the Shares. Very truly yours, /s/ Brobeck, Phleger & Harrison LLP BROBECK, PHLEGER & HARRISON LLP