Game On : PA Supreme Court Opens Door for Negligent Design Claims Against Pharmaceutical Manufacturers
Recently, the PA Supreme Court released a ruling that is sure to shake things up involving life science matters in Pennsylvania. Read more below.
In a decision with significant potential ramifications, the Pennsylvania Supreme Court has issued a ruling that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs, regardless of claims that the drugs had been properly labeled and tested, as well as approved by the U.S. Food and Drug Administration. The ruling, announced January 22nd, upholds an intermediate appellate court decision against a Pfizer, Inc. subsidiary in a wrongful death action involving the diet drug Redux. In its 4-2 decision, the Supreme Court of Pennsylvania rejected arguments by Wyeth Ltd. that pharmaceutical companies could only be held liable in Pennsylvania for manufacturing defects and inadequate warnings.