Pennsylvania High Court to Review Allowance of Negligent Design Claim

PHILADELPHIA - The Supreme Court of Pennsylvania has agreed to consider whether Pennsylvania law recognizes negligent design of products claims in prescription drug cases. Lance v. Wyeth, Nos. 600 & 610 EAL 2010 (Pa. Sup. Ct.).

Wyeth is appealing the Pennsylvania Superior Court's holding 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. The high court granted the cross-petitions for allowance of appeal on March 15.

Patsy Lance, the administratrix for the estate of Catherine Lance, sued Wyeth in the Philadelphia County Court …