Many courts are eyeing this case because federal law has essentially left users of generic drugs without much remedy when the drug they use proves defective. That’s because the warning and usage labels are created by the brand name manufacturer, but because brand name manufacturers aren’t the ones making the drugs at issue, many courts have held they cannot be liable. Then, the U.S. Supreme Court’s decision in Pliva v. Mensing limited generic drug makers’ pharmaceutical injury liability. The Pliva decision is complicated, but the gist of it is that generic manufacturers aren’t liable for the injuries caused by their drugs.
In T.H. v. Novartis Pharm. Corp., granted review by the California Supreme Court earlier this month, the appeals court rejected the invitation by the defendant manufacturer to follow other state authorities that have held brand name drug manufacturers can’t be held liable under any theory for injury caused by a product other than its own. Will the California Supreme Court affirm? Continue reading →