Novartis Can Face Claims For Generic Injuries, California Appeals Court Rules

(March 11, 2016, 12:40 PM EST) -- SAN DIEGO — A California appeals court panel on March 9 reversed a trial court’s demurrer, finding that a plaintiff can amend his complaint under state law to allege that Novartis Pharmaceuticals Corp. failed to warn or negligently misrepresented the birth defect risk from off-label use of its former asthma drug Brethine, even though injury was allegedly caused by a generic version of the drug (T.H., et al. v. Novartis Pharmaceuticals Corporation, No. D067839, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. LEXIS 179)....

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