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).
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