Is a manufacturer of a prescription drug liable for failing to warn of unforeseeable side effects?
California, United States of America
The following excerpt is from Anderson v. Owens-Corning Fiberglas Corp., 281 Cal.Rptr. 528, 53 Cal.3d 987, 810 P.2d 549 (Cal. 1991):
In Christofferson v. Kaiser Foundation Hospitals (1971) 15 Cal.App.3d 75, 92 Cal.Rptr. 825, the trial court had instructed that the manufacturer of a prescription drug was strictly liable for failure to warn of side effects which should or could have been foreseen, but had refused to instruct on liability for unforeseeable side effects. The Court of Appeal affirmed.
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