Pa. High Court Allows Negligent Design Claim to Proceed Against Wyeth in Redux Case

HARRISBURG, Pa. — Pennsylvania law does not shield prescription drug makers from negligent design claims, a Pennsylvania Supreme Court majority has ruled in a Redux case, explaining that neither Congress nor the state legislature has conferred such immunity.

In a Jan. 21 opinion written by Justice Thomas G. Saylor, the majority noted that under Pennsylvania law, drug makers violate their duty of care if they introduce a drug into the marketplace with actual or constructive knowledge that the drug is too harmful to be used by anyone.

“There has been no supported presentation here which would persuade us to …