Tuesday, August 24, 2010

Pfizer asks court to reconsider ruling allowing cause of action to proceed

Law.com is reporting that "[i]In the wake of the Pennsylvania Superior Court's recognition of a new pharmaceutical liability cause of action, drugmaker Pfizer is asking the appeals court to reconsider or hold a new en banc argument on its ruling that plaintiffs can sue pharmaceutical companies for the allegedly negligent design of their products. The panel of Judges Cheryl Lynn Allen, Correale F. Stevens and Susan Peikes Gantman ruled Aug. 6 that a negligent design defect claim regarding pharmaceutical drugs is distinct from a strict liability design defect claim and can be recognized in Pennsylvania. Gantman concurred in the result only." Pfizer argues, however, that "[a]llowing jurors or judges to second-guess the 'reasonableness' of a drug company's conduct in designing an FDA-approved drug is just as contrary to the notion of FDA-deference as would be allowing a jury or judge to second-guess the design itself, something which the Pennsylvania courts have clearly precluded." For the full story to go Law.com.

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