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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Litigation
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- 3rd Circ. Doubts Jurisdiction In Generic-Fosamax Appeal (subscription required)
- Mirena IUD Lawsuit Discovery Continues in New Jersey and MDL
- Abbott Ordered to Produce “Overdue” Docs in Depakote Lawsuits
- J&J Fights Attys’ Pursuit of Confidential Risperdal Docs (subscription required)
- Pain-Pump Seller SJO Lied to Get $10M Policy, Insurer Says (subscription required)
- Stryker Inks 1st Settlements in NJ Hip Implant Suits (subscription required)
- Eli Lilly Defeats Soldier’s Cymbalta “Brain Zap” Suit (subscription required)
- 4th Circ. Questions Basis for Generic-Drug
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A United States District Court Judge, sitting in the Middle District of Florida, has rejected arguments by Novartis Pharmaceutical Corporation (“Novartis”) that federal law would prohibit claims that the company should have added “Black Box” warnings regarding potential side effects of Zometa, including potential bone loss. As a result, plaintiffs will be allowed to proceed with their claims notwithstanding the company’s arguments (1) that all of the failure-to-warn claims were controlled by the Supreme Court’s 2009 decision in Wyeth vs. Levine; and (2) that…
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