Monograph Distributor Can Be Liable Under Negligent Undertaking Doctrine, Calif. App. Ct. Affirms

SAN FRANCISCO — A company that distributed third-party monographs containing information about generic Lamictal can be held liable under the negligent undertaking doctrine for injuries allegedly caused by the drug because the monographs omitted the drug’s black box warning, a California appeals court has affirmed.

On June 19, the California Court of Appeal, 1st Dist., agreed with the trial court that PDX Inc.’s reprogramming of its software, which allowed the pharmacy to give customers the incomplete monographs, is not an activity that is in furtherance of PDX’s right of petition or free speech within the meaning of the anti-SLAPP statute.