Medical Device Warning Suits Get California Top Court Clarity

The California Supreme Court layed out new standards Thursday for plaintiffs suing prescription medical device makers to prove that insufficient risk warnings caused their injury.

Plaintiffs may show that their doctor would’ve given them a stronger warning if they were better informed and a prudent person would’ve declined treatment, the court ruled.

“Our holding takes into account the essential role of the physician’s recommendation in the patient’s treatment decision,” Justice Joshua Groban wrote for the court.

The ruling clarifies uncertainty around how a plaintiff can establish causation if a drug or medical device manufacturer breached their duty to warn ...