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Valentino v. Carter-Wallace, Inc.

97 F.3d 1227 (1996)

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Valentino v. Carter-Wallace, Inc.

United States Court of Appeals for the Ninth Circuit
97 F.3d 1227 (1996)

  • Written by Sharon Feldman, JD

Facts

Carter-Wallace, Inc., and Wallace Laboratories (collectively, Carter-Wallace) (defendants) manufactured Felbatol, a drug used to treat epilepsy. Carter-Wallace marketed Felbatol without serious-side-effect warnings and subsequently learned that some patients had developed aplastic anemia and liver failure. Monica Valentino and others (collectively, Valentino) (plaintiffs) brought a products-liability class action against Carter-Wallace. The district court conditionally certified a plaintiff class consisting of all persons who began using Felbatol before Carter-Wallace notified the physician community of the risk of aplastic anemia and a “serious injury” subclass, and it limited class certification to certain issues. Carter-Wallace appealed, arguing that the certified class did not meet Federal Rule of Civil Procedure (Rule) 23(b)(3)’s requirements that common issues of fact predominate over individual issues and a class action be superior to other adjudication methods. Carter-Wallace maintained that In re Northern Dist. of California, Dalkon Shield IUD Prod. Liab. Litig. barred class certification for multistate plaintiffs asserting personal-injury claims against manufacturers of drugs and medical devices.

Rule of Law

Issue

Holding and Reasoning (Schroeder, J.)

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