Himes

Himes v. Somatics, LLC

Good Law
Supreme Court of CaliforniaJune 20, 2024S273887California8,430 words

Opinion

Opinion

Groban, J.

Opinion of the Court by Groban, J.

In a typical products liability case, a manufacturer owes a duty to warn the end user “about the hazards inherent in their products.” (Johnson v. American Standard, Inc. (2008) 43 Cal.4th 56, 64.) For manufacturers of prescription drugs and many medical devices, however, the “duty to warn runs to the physician, not to the patient.” (Carlin v. Superior Court (1996) 13 Cal.4th 1104, 1116, italics omitted (Carlin); accord, T.H. v. Novartis Pharmaceuticals Corp. (2017) 4 Cal.5th 145, 164 (T.H.).) Thus, these manufacturers have a duty to warn physicians of the risks associated with their products but need not warn the patient regarding those same risks. The primary rationale for this rule, called the “learned intermediary doctrine,” is that physicians, not their patients, are best positioned to understand “the relevant benefits and risks associated with various prescription drugs and medical devices.” (Rest.3d Torts, Products Liability, § 6, com. d, p. 147.) Once a manufacturer has fulfilled its duty to warn the physician, “[t]he duty then devolves on the health-care provider to supply to the patient such information as is deemed appropriate under…

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