T.H. v. Novartis Pharmaceuticals Corporation

Cuéllar, J.

*154 Under California law, a brand-name drug manufacturer has a duty to warn of known or reasonably knowable adverse effects arising from an individual's use of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51 , 65, 107 Cal.Rptr. 45 , 507 P.2d 653 .) In **22 this case, we examine whether-and if so, under what circumstances-a brand-name drug manufacturer may be sued under a theory of "warning label" liability when the *155 warning label for its drug was alleged to be deficient, but the plaintiffs were injured by exposure to a generic bioequivalent drug bearing the brand-name…