The following excerpt is from Waldo v. Eli Lilly & Co., No. CIV. S-13-0789 LKK/EFB (E.D. Cal. 2013):
risks. Carlin v. Superior Court, 13 Cal. 4th 1104, 1110 (1996). "The rules of strict liability require a plaintiff to prove only that the defendant did not adequately warn of a particular risk that was known or knowable in light of the generally recognized and prevailing best scientific and medical knowledge available at the time of manufacture and distribution." Id. at 1112. "The manufacturer is held to the knowledge and skill of an expert in the field; it is obliged to keep abreast of any scientific discoveries and is presumed to know the results of all such advances." Id. at 1113 n.3. The manufacturer's knowledge is measured at the time of distribution, rather than on the basis of subsequent scientific developments. Id. The duty to warn runs to the physician, not the patient. Id. at 1116.
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