After losing to Ben in the California Court of Appeal in T.H. v. Novartis Pharmaceuticals Corp., 245 Cal.App.4th 589 (2016), a brand-name drug manufacturer — and members of its powerful lobby, including the U.S. Chamber of Commerce — successfully petitioned the California Supreme Court to review the Court of Appeal’s decision. Ben, joined by Leslie Brueckner of Public Justice, persuaded the California Supreme Court to affirm the Court of Appeal’s decision. The resulting majority opinion broke with over 90 decisions from state and federal courts in other jurisdictions to find in favor of the plaintiffs in such cases, and is the first standing state supreme court decision in the United States to assign liability to brand-name manufacturers where the plaintiff was injured by a generic drug.

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California Supreme Court version of T.H. v. Novartis