T.H. v. Novartis Pharmaceuticals Corp.

407 P.3d 18, 4 Cal.5th 145, 226 Cal.Rptr.3d 336 (2017)

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T.H. v. Novartis Pharmaceuticals Corp.

California Supreme Court
407 P.3d 18, 4 Cal.5th 145, 226 Cal.Rptr.3d 336 (2017)

  • Written by Rose VanHofwegen, JD
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Facts

Novartis Pharmaceuticals Corp. (defendant) manufactured a brand-name drug called Brethine that was prescribed to pregnant women experiencing preterm labor. T.H. and C.H. (plaintiffs) were exposed to the generic version, terbutaline, in utero. The children sued, alleging that the warning label failed to warn about fetal brain development risks and misrepresented the drug as safe for pregnant women. Novartis moved to dismiss, arguing it had no duty to maintain or update the warning label because it stopped making Brethine and sold all rights to it six years earlier and never made the generic version. The trial court granted dismissal, but the appellate court reversed. Novartis appealed.

Rule of Law

Issue

Holding and Reasoning (Cuéllar, J.)

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