The California Supreme Court in Brown v. Superior Court, (1988) 44 Cal. 3d 1049, wrestled with the question of whether strict liability theories would be applied to Drug Manufacturers whose product, after released in the market, results in injury to its intended users. The Brown Court concluded that “a manufacturer is not strictly liable for injuries caused by a prescription drug so long as the drug was properly prepared and accompanied by warnings of its dangerous propensities that were either known or reasonably scientifically knowable at the time of distribution.” Id. at 1069. The Brown Court did clarify its conclusion so as not to mean “that drug manufacturers are free of all liability for defective drugs. They are subject to liability for manufacturing defects, as well as under general principles of negligence, and for failure to warn of known or reasonably knowable side effects.” Id. at fn. 12.
If you or a loved one has suffered an injury as a result of taking a prescription drug, contact one of our Los Angeles Injury Attorneys today for a free consultation and case evaluation.