In Brown v. Superior Court the California Supreme Court held that a drug manufacturer cannot be held strictly liable for harm caused by a prescription drug. In doing so, the court purported to adopt comment k of RESTATEMENT (SECOND) OF TORTS SECTION 402A (hereinafter comment k), but interpreted the comment as providing a blanket immunity from strict liability for design defects of prescription drugs. The court's decision gives prescription drug manufacturers broad protection against liability. A consumer injured due to the defective condition of a prescription drug must now prove negligence or failure to warn of a known risk.
Terrie Bialostok Brodie,
Brown v. Superior Court: Drug Manufacturers get Immunized from Strict Liability for Design Defects, 19 Golden Gate U. L. Rev.