T.H v. Novartis Pharmaceuticals
T.H v. Novartis Pharmaceuticals, 067839
In a action alleging a former manufacturer of a brand-name asthma medication is liable in negligence for neurological injuries allegedly sustained by twin minors in utero after their mother was prescribed and consumed a generic form of the medication nearly six years after defendant sold its interests in the medication, the trial court’s denial of defendant’s demurrer is reversed with directions for the trial court to enter a new order sustaining the demurrer with leave to amend the negligence and negligent misrepresentation causes of action if the minors have demonstrated they can amend their complaint to state a claim under California law for negligent failure to warn and negligent misrepresentation based on acts or omissions by defendant prior to 2001, which allegedly caused or contributed to the minors’ injuries in 2007.
- Published 2016/03/09
- California Court of Appeal