Is a manufacturer liable for injuries caused by a prescription drug?

California, United States of America


The following excerpt is from Rodriguez v. Superior Court, 221 Cal.App.3d 1371, 271 Cal.Rptr. 114 (Cal. App. 1990):

"In conclusion, and in accord with almost all our sister states that have considered the issue, we hold that a manufacturer is not strictly liable for injuries caused by a prescription drug so long as the drug was properly prepared and accompanied by warnings of its dangerous propensities that were either known or reasonably scientifically knowable at the time of distribution." (Brown v. Superior Court, supra, 44 Cal.3d at p. 1069, 245 Cal.Rptr. 412, 751 P.2d 470, fn. omitted, emphasis added.)

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