T.H. v. NOVARTIS PHARMACEUTICALS CORP.

No. S233898.

4 Cal.5th 145 (2017)

T.H., a Minor, etc., et al., Plaintiffs and Appellants, v. NOVARTIS PHARMACEUTICALS CORPORATION, Defendant and Respondent.

Supreme Court of California.

December 21, 2017.


Attorney(s) appearing for the Case

Public Justice, Leslie A. Brueckner ; Thorsnes Bartolotta McGuire, Benjamin I. Siminou , Kevin F. Quinn and Charlynne I. Rejaian for Plaintiffs and Appellants.

Alan Charles Dell'Ario and Jeffrey R. White for Consumer Attorneys of California and American Association for Justice as Amici Curiae on behalf of Plaintiffs and Appellants.

Chavez & Gertler, Nance F. Becker ; Public Citizen Litigation Group and Allison M. Zieve for Public Citizen, Inc., as Amicus Curiae on behalf of Plaintiffs and Appellants.

William Alvarado Rivera for AARP and AARP Foundation as Amici Curiae on behalf of Plaintiffs and Appellants.

Hollingsworth, Eric G. Lasker , Joe G. Hollingsworth , Katharine R. Latimer ; Morrison & Foerster, Erin M, Bosman and Julie Y. Park for Defendant and Respondent.

H. Sherman Joyce , Lauren Sheets Jarrell ; Manufacturers' Center for Legal Action, Linda E. Kelly , Patrick N. Forrest , Leland P. Frost ; Shook, Hardy & Bacon, Phil Goldberg , Paul B. La Scala and Gabriel S. Spooner for National Association of Manufacturers and American Tort Reform Association as Amici Curiae on behalf of Defendant and Respondent.

Hugh F. Young, Jr. ; Reed Smith, David E. Stanley and James M. Beck for Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Defendant and Respondent.

Gregory Herbers and Michelle Stilwell for Washington Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.

Martin S. Kaufman ; Greenberg Traurig , Robert P. Charrow and Anna B. Laakmann for Atlantic Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.

Deborah J. La Fetra and Anastasia P. Boden for Pacific Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.

Covington & Burling, Jeffrey M. Davidson , Michael X. Imbroscio , Paul W. Schmidt and Gregory L. Halperin for Pharmaceutical Research and Manufacturers of America as Amicus Curiae on behalf of Defendant and Respondent.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Defendant and Respondent.

Williams & Connolly, Kannon K. Shanmugam , Allison Jones Rushing and Connor S. Sullivan for Chamber of Commerce of the United States of America as Amicus Curiae on behalf of Defendant and Respondent.

Haynes and Boone, Mary-Christine Sungaila and Polly Fohn for International Association of Defense Counsel and Federation of Defense & Corporate Counsel as Amici Curiae on behalf of Defendant and Respondent.

Shook, Hardy & Bacon and Alicia J. Donahue for Genentech, Inc., and California Life Sciences Association as Amici Curiae on behalf of Defendant and Respondent.


OPINION

Under California law, a brand-name drug manufacturer has a duty to warn of known or reasonably knowable adverse effects arising from an individual's use of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65 [107 Cal.Rptr...

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