Herold

Filed 5/7/13 Herold v. Salix Pharmaceuticals CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Placer) ----

ELDRIDGE HEROLD, C071037

Plaintiff and Appellant, (Super. Ct. No. SCV0028300)

v.

SALIX PHARMACEUTICALS, INC.,

Defendant and Respondent.

After using a bowel cleansing/purgative product manufactured by defendant Salix Pharmaceuticals, Inc., plaintiff Eldridge Herold had to be placed on dialysis treatment for kidney failure. In November 2007, one of his physicians told him that the product should not have been prescribed to him and that if he had not taken it he would not need dialysis. Herold did not commence this action against Salix until three years later. The trial court granted summary judgment to Salix on…