Negligent Design Claim Reinstated on Appeal In Diet Drug Death Case

PHILADELPHIA - (Mealey's) A claim for negligent design is not subsumed in Pennsylvania's prohibition on strict liability claims against pharmaceutical manufacturers, the state Superior Court ruled Aug. 2 in a case asserting that Wyeth's diet drugs caused a woman's death from primary pulmonary...

6th Circuit Reverses Preemption-Based Dismissal Of Diet Drug Negligence Claims

CINCINNATI - (Mealey's) Citing the Supreme Court's rejection of implied preemption of pharmaceutical product liability in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774), the Sixth Circuit U.S. Court of Appeals on Aug. 18 reversed a trial court's dismissal of claims based...

Pa. Supreme Court Says Drug Companies Can Be Sued For Marketing Dangerous Drugs

PHILADELPHIA — (Mealey’s) Pennsylvania law allows drug companies to be sued if they fail to stop marketing drugs known to be unreasonably harmful, and the manufacturers are not immune from being sued for damages for lack of due care, the Pennsylvania Supreme Court ruled Jan. 22 in an eight...