Liability Claims In Pa. Prevacid Suit Pared, Punitives Allowed

Law360, Philadelphia (October 22, 2012, 3:24 PM EDT) -- A Pennsylvania federal judge Thursday narrowed product liability claims against Takeda Pharmaceuticals North America Inc. over the company’s acid reflux medication Prevacid but determined that the plaintiff could seek punitive damages.

U.S. District Judge Jane DuBois determined that David Tatum’s allegations that the drug weakened his bones, causing him to require a hip replacement, did not merit claims for strict liability based on design defect or failure to warn under Pennsylvania law, but she let a range of other claims move forward and rejected Takeda’s efforts...
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