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Drugs

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Himes v. Somatics, LLC (2024) 549 P.3d 916

Manufacturers of drugs and medical devices owe a duty to warn physicians, as learned intermediaries, but not patients, of risks posed by their products.  This decision holds that when a manufacturer breaches the duty to warn, the patient must prove that the lack of warning caused the patient harm.  To prove causation, the patient need not show that the physician… Read More

Gilead Tenofovir Cases (2024) 98 Cal. App. 5th 911

Plaintiffs alleged that Gilead was researching two alternative drugs to treat HIV and both passed Phase III trials with approximately equal effectiveness in HIV treatment but that Gilead chose to pursue the alternative that carried a risk of bone and kidney side effects instead of the alternative because doing so allowed it greater financial returns on its patent for the… Read More