California Court of Appeals Rules Plaintiffs Can Pursue Claims Against Novartis for Alleged Damages Arising From Ingestion of Generic Drug Six Years After Novartis Divested its Interest

On March 9, 2016, the California Court of Appeals ruled that the plaintiffs’ claims of failure to warn and misrepresentation against Novartis were legally viable. The critical dispute raised by Novartis was that it did not manufacture the prescription medication that allegedly harmed the plaintiffs. In T. H. v. Novartis Pharms. Corp., No. D067839, 2016 Cal. App. LEXIS 179 (Ct. App. Mar. 9, 2016), two minor plaintiffs alleged that Novartis was liable for neurological injuries they sustained in utero after their mother was prescribed,…
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California Court of Appeals – No Breach of Duty for Medical Device Representative in the Operating Room

The California Court of Appeals upheld a lower court’s finding that the presence of a medical device manufacturer’s sale representative in an operating suite does not alone give rise to a duty of care to the patient.  Smith v. St. Jude Med., Inc., 217 Cal. App. 4th 313 (Cal. Ct. App. 2013).  The court also upheld the finding that the manufacturer’s sales representative was not a proximate cause of the injury. In Smith, a woman died following cardiac pacemaker surgery from a…
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