Pennsylvania Superior Court Issues Opinion in Tincher v. Omega Flex, Inc. Clarifying How Juries Should be Charged in Product Liability Cases

In an opinion filed February 16, 2018, the Superior Court of Pennsylvania vacated judgement in favor of the Tincher plaintiffs and remanded the case for a new trial. The central issue in the decision was the trial court’s failure to properly instruct the jury on the definition of “defect” in a product liability — design defect — case. How did we get back to Tincher again? Some readers may be wondering why we are talking about Tincher again since the Pennsylvania Supreme Court issued its…
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Superior Court of Pennsylvania Issues Ruling Addressing Multiple Issues in Pharmaceutical Case

In an opinion filed January 8, 2018, Pennsylvania’s intermediate appellate court addressed multiple issues arising after a plaintiff’s verdict in a case from the In Re: Risperdal Litigation. The issues the court addressed are discussed below. Initially, the court, citing Frye, reiterated that in Pennsylvania, a party wishing to introduce novel scientific evidence must demonstrate that the relevant scientific community has reached general acceptance of the principles and methodology employed by the expert witness to testify regarding his conclusions. However, the conclusions themselves…
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Pennsylvania Supreme Court Holds Plaintiffs May Assert Negligent Design Claims Against Drug Companies

The Pennsylvania Supreme Court in Lance v. Wyeth (2014 Pa.LEXIS 205) recently ruled that pharmaceutical companies can be held liable for negligent design, testing, marketing, and distribution of drugs regulated by the FDA. This decision alters the landscape of Pennsylvania law because pharmaceutical companies previously succeeded in having similar claims dismissed based upon the learned intermediary doctrine. Under this doctrine, the manufacturer of prescription medications discharges its duty to warn users of the risks associated with its products by warning the prescribing physician of…
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