In 3 Pa. Rulings, Pharma Loses A Little But Gains A Lot
August 31, 2010, 1:38 PM EDT
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, 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...