What is the test for claiming products liability against a prescription drug manufacturer?

MultiRegion, United States of America

The following excerpt is from Singleton v. Eli Lilly Co, CASE NO. 1:10-cv-02019-AWI-SKO (E.D. Cal. 2011):

2. Stating a products liability claim generally requires a plaintiff to indicate that the product has some particular defect. There are several types of product defects including (1) manufacturing defects, (2) design defects, and (3) failure-to-warn defects. See Brown v. Super. Ct., 44 Cal. 3d 1049, 1057 (1988). Prescription drug manufacturers, however, can generally only be liable for a defect in a drug if it was improperly manufactured or it was distributed without adequate information regarding the risks and dangers of which the manufacturer knew or should have known. Id. at 1069 n.12 (explaining three theories of liability and noting that drug manufacturers could also be liable under general principles of negligence).

Other Questions


In a strict products liability action, can a plaintiff allege that the product is defective because of a mistake in manufacturing, or because of improper design? (MultiRegion, United States of America)
What is the current state of the law on manufacturer liability for defective products? ("New York", United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the liability of a drug manufacturer for failing to warn of side effects associated with a prescription drug? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Does a person have an exclusive right to manufacture and sell a product based on a copyrighted product? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
What is the burden of proof for a product liability claim? (MultiRegion, United States of America)
Does a manufacturer of a prescription drug or medical device have a duty to warn a physician of the dangers associated with the product? (MultiRegion, United States of America)
What is the test for a tort claim under the Federal Tort Claims Act? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.