Hardin

Hardin v. PDX, Inc.

Good Law
173 Cal. Rptr. 3d 397·2014 Cal. App. LEXIS 536·227 Cal. App. 4th 159·2014 WL 2768863
Court of Appeal of CaliforniaJune 19, 2014A137035California4,436 words

Opinion

Opinion

Siggins, J.

PDX, Inc., claims the trial court erred when it denied a motion to strike brought under Code of Civil Procedure section 425.16, and refused to dismiss a negligence and products liability action as a strategic lawsuit against public participation. Because plaintiff demonstrated a probability she may prevail on her claim, we affirm.

BACKGROUND

Kathleen Hardin suffered complete blindness and permanent, severe and painful scarring after she began taking lamotrigine, the generic form of the medication Lamictal. According to her complaint, Hardin later learned that lamotrigine carries a significant risk of causing Stevens-Johnson syndrome (SIS) and associated toxic epidermal necrolysis that resulted in her injuries, particularly when taken in combination with another of her prescribed medications.

Hardin and her husband filed suit for negligence and products liability against multiple defendants, including the physician who prescribed her lamotrigine, GlaxoSmithKline, which manufactured it, Safeway, Inc., where she purchased it, and Wolters Kluwer Health, Inc. (WKH), which produced the drug information pamphlet, or monograph, Safeway provided when it filled Hardin’s…

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