Distributor May be Named in Suit Alleging Off-Label Tegretol Claims

SAN DIEGO - The learned intermediary doctrine does not protect distributors of pharmaceutical products from potential strict liability claims where a plaintiff has alleged that the defendant failed to warn physicians of dangers associated with a drug, a California court has ruled. Maher v. Novartis Pharmaceuticals Corp., et al., No. 07-852 (S.D. Calif.).

U.S. District Judge William Q. Hayes included the pronouncement in his August 13 order that remanded a Tegretol injury claim based on a finding that distributor McKesson Corp. was not fraudulently joined to the suit.

McKesson had been named along with Novartis Pharmaceutical Corp. for, among other …