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Strict Liability Claims for Prescription Medical Products
On July 16 of this year, decisions by two federal judges once again spoke to the Pennsylvania Supreme Court's silence on a fundamental issue of tort law applicable to prescription medical product liability claims in the Commonwealth.
Section 402A of the Restatement (Second) of Torts governs strict product liability claims in Pennsylvania. Webb v. Zern, 422 Pa. 424 (Pa. 1966). Thirty years after Webb, the court held that strict liability claims involving prescription medications were barred pursuant to Comment k of Section 402A. Hahn v. Richter, 543 Pa. 558 (Pa. 1996).
In Hahn , the Supreme Court of Pennsylvania considered whether a prescription medication used to treat back pain was defective because the manufacturer failed to provide sufficient warnings regarding intrathecal use of the drug. The ruling in Hahn turned upon application of Comment k of the Restatement (Second) of Torts, Section 402A, which provides:
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