Calif. Appellate Court Reverses $48 Million Verdict in OTC Motrin Case

LOS ANGELES — A California appellate court has reversed a $48 million verdict awarded to a man who sued the makers of over-the-counter Motrin after he developed a severe skin disease after taking the drug, ruling that the design defect claims are preempted and cannot be retried.

In a July 3 opinion, the California Court of Appeal, 2nd District, further held that the trial court erred in applying the consumer expectation test to the design defect claims because in the instant case, the question of design defect involves complex questions of feasibility, practicality, risk, and benefit beyond the common knowledge …