In Valentine v. Baxter Healthcare Corp. (1999) 68 Cal.App.4th 1467, the appellate court held that a finding by one jury that the defendant's product was not defective because of a failure to warn precluded a second jury from finding that the defendant was negligent for failing to warn of the risks of its product. The plaintiff there argued that in finding no product defect for failure to warn, the jury had determined only that the product was not defective as of the time that the product, silicone gel, was implanted in the plaintiff's wife's breasts, while a jury might yet consistently find that the defendant was negligent in not thereafter issuing a warning when the potential risks and side effects of such implants became known. (Valentine, supra, 68 Cal.App.4th 1467, 1482.) The court implicitly recognized that if the instructions on the strict liability failure to warn had limited the first jury's consideration to the period prior to the implantation, a negative finding would not have been inconsistent with a finding of negligence thereafter. However, in the first trial the jury had been told that the strict liability duty to warn was continuous, extending as long as the product was in use. Therefore, a finding that the defendant was negligent in failing to issue a warning after the implantation would have been inconsistent with, and was precluded by, the finding that there was no defect for failure to warn. (Id. at pp. 1481, 1482.) The court held that "the negative finding on strict liability failure to warn ... subsumed the negligent failure to warn theory and thus exonerated defendant of any liability for failure to warn." (Id. at p. 1480.)