In 3 Pa. Rulings, Pharma Loses A Little But Gains A Lot

Law360, New York (August 31, 2010, 1:38 PM EDT) -- In a trio of recent Pennsylvania Superior Court decisions involving the diet drug Redux, plaintiffs lawyers may have gained a new cause of action against pharmaceutical manufacturers, but not before the reaffirmance of the learned intermediary defense and the rejection of a plaintiff's unique challenge to that defense.

In Lance v. Wyeth,[1] considering an issue of first impression, the court held a claim for negligent design defect is a proper cause of action in Pennsylvania in a pharmaceutical products liability case. In Lance, the plaintiff's decedent...
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