Kenney v. Purepac Pharm. Co., F052606
In a civil action for injury as a result of using the prescription drug metoclopramide manufactured by defendant, demurrer in favor of defendant is reversed where the federal requirement that a generic drug have the same labeling as a reference listed drug does not necessarily result in federal preemption of a state tort action against the generic manufacturer for failure to adequately warn of the dangers of the drug.
Appellate Information
- Decided 09/25/2008
- Published 09/25/2008
Judges
Court
- California Court of Appeal
Counsel
- For Appellant:
- Law Office of Laurence O. Masson, Laurence O. Mason; Medical Legal Consultants of Washington, Ralph D. Pittle; and Jones, Martin, Parris & Tessener, Gregory M. Martin, for Plaintiff and Appellant.
- For Appellees:
- Tucker, Ellis & West, Michael C. Zellers, Richard A. Dean and Peter E. Schnaitman, Los Angeles, for Defendant and Respondent.