The Pennsylvania Supreme Court’s 2014 decision of Lance v. Wyeth created room for interpretation regarding negligence in marketing of dangerous brand-name prescription drugs.
Attorneys with prescription and pharmaceutical cases and litigators will further understand the impact of the case and gain insight from a renowned litigator who has focused on complex pharmaceutical products liability and class action defense cases. Some of the questions and points covered in this one-hour course include:
- In what ways do prescription products differ from products subject to strict liability?
- Discussion of Restatement (Second) of Torts §402A, comment k (1965) and its applicability to design defect claims
- Are devices treated the same way as pharmaceuticals?
- Why isn’t there a duty to warn the patient directly?
- Discussion of the learned intermediary doctrine
- The debate about Lance - how did that case change the landscape of pharma/device law and what are the parameters to which it is subject?
- What does Lance mean by “too harmful to be used by anyone” and how does it affect prescription drugs and devices?
Recorded during a live webinar in November 2015.