New Defense Learned Intermediary Wins in Pennsylvania (Drug and Device Law)
Jim Beck comments on opinions from the Superior Court of Pennsylvania about warning causation involving the learned intermediary rule, both on Fen-Phen cases. In one case, the court denied a claim by a woman who said that while the drug’s warning on hypertension was adequate, its warnings on valvular heart disease were not. The woman did not have valvular disease, and opening up all warnings, regardless of injury, would have unfairly increased the scope of liability. “Fortunately, the Superior Court didn’t buy the theory,” Beck says.
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