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Drug & Device News
Pharmaceuticals: Common-Law Claims Allowed in PA
In a 47-page opinion, Pennsylvania's Supreme Court recently announced in Lance v. Wyeth that a right of action for defective drug design exists in the state, in addition to claims for manufacturing defects and inadequate warnings.
The Lance case was brought by the mother of a woman who died after taking the drug Redux, a diet pill manufactured by Wyeth Pharmaceuticals. The woman took the pills for just four months, in early 1997. Redux was taken off the market in September 1997. The suit alleges that the company was negligent in designing the drug, and in testing and marketing it. Wyeth sought dismissal of those claims, saying it had complied with federal regulations. It also asserted the defense of the learned intermediary doctrine: that the claimants did not have a case against it because the deceased's doctor had prescribed the medication. And the company tried to persuade the court that it was good policy to restrict the extent of liability drug manufacturers may face in product liability suits, in order to ensure the development and continued availability of beneficial drug products.
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