Legal Opinion

Teva Pharmaceuticals USA, Inc. v. Superior Court

California Court of Appeal

Decided June 13, 2013No. G047134PublishedCited by 14 opinions

1Opinion of the Court

Opinion

FYBEL, J.

Introduction

Plaintiff suffered injuries, allegedly as a result of ingesting a brand-name drug and its generic equivalents. She sued the manufacturers of both the brand-name drug and its generic equivalents. Although plaintiff asserts 11 separate causes of action, the gist of her claims against all defendants is the same—they failed to produce a safe product, failed to adequately warn plaintiff of the safety issues regarding the products, and failed to take other available steps within their control to warn plaintiff or protect her from injury.

The generic drug manufacturers…

2Cases cited27 opinions

  1. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  2. Wyeth v. LevineSupreme Court of the United States · 2009
  3. Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
  4. Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
  5. Freightliner Corp. v. MyrickSupreme Court of the United States · 1995

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3Cited by14 opinions

  1. Wagner v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Seventh Circuit · 2016
  2. Coleman v. Medtronic, Inc.California Court of Appeal · 2014
  3. Theresa Huck v. Wyeth, Inc. D/B/A Wyeth Schwarz Pharma, Inc. and Pliva, Inc.Supreme Court of Iowa · 2014
  4. Tina Johnson v. Teva Pharmaceuticals USA, Inc., etCourt of Appeals for the Fifth Circuit · 2014
  5. In Re Reglan LitigationSupreme Court of New Jersey · 2016

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