I have heard that California product liability law favors injured plaintiffs. Is this also true for medical products including prescription drugs?
No. The courts in California, as a matter of public policy, have made it more difficult for plaintiffs to prevail in medical product cases than almost any other type of product case. In other product liability cases, all a consumer has to prove is that the product was defectively designed. If the consumer can prove the product was defectively designed, there will be strict liability under the law. However, in medical implant, device and prescription drug cases, there is no strict liability for defective design and a plaintiff must prove that the product was negligently manufactured or designed.
