This section contains the nature of the case and procedural background.

Carolyn was being treated for cardiac problems. Her doctor prescribed a number of medications including Betapace. He increased the Betapace dosage, and on August 25, he prescribed Posicor, a heart medication that D had recently placed on the market. Posicor is a calcium channel blocker medication used to treat high blood pressure and angina. She took the Betapace at approximately 7:00 a.m., and again at noon, and took Posicor for the first time at approximately 10:00 a.m. that day. That afternoon, P found her at the bottom of the stairs in her home, and it was later determined that she had suffered severe brain injuries. P filed suit against Hoffmann-La Roche, Inc. in his capacity as executor of the estate of his late wife.

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