T.H. v. Novartis Pharmaceutical Corp.
- Case Date: 12/7/2016
- Project Name: Civil Justice Reform
On December 21, 2017, the California Supreme Court upheld the right of tort plaintiffs injured by the generic version of a drug to sue the former, branded manufacturer of the drug. The decision was a setback for WLF, which filed a brief urging the Court to abide by a traditional limit on tort liability: a product manufacturer cannot be held liable for injuries arising from a product made by another manufacturer. The Court ruled 4-3 that because the brand-name manufacturer years earlier drafted the product labeling that was used by the generic manufacturer (and that allegedly failed to adequately warn of potential complications arising from the drug’s use), the brand-name manufacturer could be held liable to users whose injuries allegedly arose due to inadequate label warnings. The court dismissed WLF’s argument that a manufacturer should not be responsible for alleged labeling deficiencies when (as here) it no longer sells the drug at issue.
More Information and Downloads:
12/7/2016: Download the Brief