Tuesday, September 30, 2014
PA: No Manufacturing Defect/Implied Warranty Claims Against Pharmaceutical/Medical Device Companies
In Pennsylvania, a federal split is resolved: manufacturing defect and implied warranty claims are not viable against pharmaceutical and medical device companies. It was already clear that design and warning defect claims were not viable. Thus, under current Pennsylvania law, negligence is the only cause of action plaintiffs have against pharmaceutical and medical device companies. The Legal Intelligencer has the story.
https://lawprofessors.typepad.com/tortsprof/2014/09/pa-no-manufacturing-defectimplied-warranty-claims-against-pharmaceuticalmedical-device-companies.html