Monday, January 27, 2014
On January 21, 2014, the Pennsylvania Sureme Court finally* decided Lance v. Wyeth. The court held that drug manufacturers could be liable for negligent design of an FDA approved drug. I believe this is the first jurisdiction to accept this theory. Drug & Device Blog has a thorough analysis of the opinion.
*finally because the case was argued in 2011 and has been pending before the state supreme court for nearly three years.