Ben represented two minor children who were seriously injured from in utero exposure to a generic drug prescribed to their mother for prevention of preterm labor. The minor children sued the former brand-name manufacturer of the same drug product, alleging that the manufacturer unreasonably failed to add warnings to the label that the drug was neither safe nor effective for treating preterm labor. The trial court dismissed the children’s claims, but Ben persuaded the California Court of Appeal to reverse, resulting in just one of two published appellate decisions in the United States to permit such claims. Ben also prevailed in the manufacturer's subsequent appeal to the California Supreme Court in T.H. v. Novartis Pharmaceuticals Corp., 4 Cal.5th 145 (2017).
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