California, United States of America
The following excerpt is from T.H. v. Novartis Pharm. Corp., 226 Cal.Rptr.3d 336, 4 Cal.5th 145, 407 P.3d 18 (Cal. 2017):
of a successor's product will expose pharmaceutical companies to liability in perpetuity. There is no logical stopping point for such a duty. The majority asserts that injuries will eventually become too remote for proximate causation to be established. It, however, declines to predict when that time might be reached and ventures no opinion about whether the six-year gap in this case is long enough. (But cf. Lyman v. Pfizer, Inc., supra, 2012 WL 2970627 at p. *17 [finding any negligence of predecessor company too remote as a matter of law for a drug ingested less than two years after transfer of the NDA].) Without any limiting principles to guide the proximate cause analysis, the majority's reassurance fails to reassure.
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