Bryant v. Hoffmann-La Roche, Inc.
Georgia Court of Appeals
585 S.E.2d 723 (Ga. Ct. App. 2003)
Carolyn Bryant's doctor prescribed her both Betapace and Posicor, the latter manufactured by Hoffmann-La Roche (defendant) to treat high blood pressure; shortly after taking Posicor, Carolyn collapsed and suffered severe brain injuries. Her husband, Clyde Bryant (plaintiff), sued under strict liability for design defect, arguing Posicor's interaction with Betapace caused the injury, and presented expert testimony that Posicor was defectively designed and inadequately tested; the trial court granted summary judgment for Hoffmann-La Roche and excluded Bryant's expert, and Bryant appealed.
Whether design-defect claims against pharmaceutical manufacturers are assessed under a risk-utility analysis, rather than automatic immunity from strict liability for properly warned drugs.