A Pennsylvania court has offered another legal claim that consumers can pursue when filing product-liability lawsuits against drugmakers in the state. In a ruling involving the Redux diet pill, a Pennsylvania Superior Court panel decided that a claim of negligent design defect can be brought against Wyeth, which withdrew the drug in 1997 over links to serious heart and lung side effects.
As The Legal Intelligencer notes, Pennsylvania courts have interpreted a federal allow in such a way that lawsuits do not allow strict liability claims against drugmakers for manufacturing defects or a failure to warn prescribers of risks under the learned intermediary theory. But the panel ruled that one provision Comment K of the Restatement (Second) of Torts – should not be seen as an impediment to pursuing a negligent design defect claim. This is what the panel wrote: