Generic Drug Product Liability: An Emerging SCOCA Issue?
Even as the Supreme Court of California prepares to hear oral argument in In re Cipro Cases I & II (S198616) on March 3, 2015, another issue involving pharmaceutical science and regulatory law may be headed for consideration at 350 McAllister Street. The decision in Teva Pharms. USA, Inc. v. Superior Ct. (“Pikerie”) — which arguably broadened the scope of California product liability claims that may lie against generic drug manufacturers — dodged high court review when the U.S. Supreme Court denied certiorari on January 20, 2015. SCOCA had previously denied Teva’s petition for review on September 25, 2013. Superior...
