Court Allows Negligent Design Defect Claim Against Wyeth in Redux Case

PHILADELPHIA - A Pennsylvania appellate court has reversed a grant of summary judgment to Wyeth on a negligent design defect claim brought in a Redux injury action, ruling that it is separate and distinct from strict liability design defect claims, which are barred under Pennsylvania law. Lance v. Wyeth, No. 2905 EDA 2008 (Pa. Super. Ct.).

In an Aug. 2 opinion, the Pennsylvania Superior Court explained that the Restatement (Second) of Torts, § 395, which addresses a manufacturer's negligent design of products, does not exempt or provide special protection for prescription drugs.

Patsy Lance, the administratrix for the estate of …