Himes v. Somatics – California’s New Causation Standard for the Learned Intermediary Doctrine

In Himes v. Somatics, LLC, No. S273887, 2024 WL 3059637 (Cal. June 20, 2024), the Supreme Court of California delivered a win to the defense, upholding the learned intermediary doctrine in cases involving prescription drugs and medical devices. But the opinion also sets out a new causation standard that may prove to be difficult to apply in future cases. Below we provide a summary of the underlying opinions and the Court’s explanation of the new causation standard….
By: Morrison & Foerster LLP