The state Supreme Court is considering how far a pharmaceutical company need go in warning consumers about the possible side effects of their drugs in order to be shielded from suit under the Products Liability Act.
Paul Schmidt, a lawyer representing Hoffmann-La Roche Inc. told the Court on Monday that a PLA suit by a woman who developed inflammatory bowel disease after using the acne drug Accutane should have been time-barred, due to the statute’s presumption that warnings approved by the Food and Drug Administration provide adequate notice of the risks.
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