A New View For Pharma Product Liability Litigation

Law360, New York (July 20, 2012, 1:02 PM EDT) -- The combination of plaintiff-friendly courthouses and a plethora of high-profile plaintiffs’ lawyers once made Texas state courts very desirable venues for plaintiffs asserting failure-to-warn claims against drug manufacturers.

But tort reform over the last decade stemmed the tide of litigation, and two judicial decisions in the past four months may have forever changed the landscape for pharmaceutical products liability in Texas.

In Lofton, the U.S. Court of Appeals for the Fifth Circuit expanded the circumstances under which warnings for U.S. Food and Drug Administration-approved prescription drugs...
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