Design Defect, Punitive Damages Claims Dismissed in Pain Patch Case

SALT LAKE CITY, Utah - A Utah federal judge has dismissed claims of design defect and punitive damages in a fentanyl patch wrongful death case, ruling that they are barred by Utah law. Pierce v. Mylan Laboratories Inc., et al., No. 10-104 (D. Utah).

In a May 18 order, Judge Tena Campbell of the U.S. District Court for the District of Utah explained that the Utah Supreme Court has adopted Comment (k) of the Restatement (Second) of Torts, which excepts unavoidably unsafe products from strict liability only to the extent that plaintiff alleges a design defect.

The judge further …