Negligence Claims Survive Pfizer Challenge to Pennsylvania Chantix Suit

PHILADELPHIA - A plaintiff who claims he was hospitalized with a psychotic disorder after taking Chantix may proceed only with his negligence-based causes of action against the drug's manufacturer, a federal judge has ruled. Kline v. Pfizer Inc., No. 08-3238 (E.D. Pa.).

In an Oct. 31 opinion, Judge Robert F. Kelly of the U.S. District Court for the Eastern District of Pennsylvania ruled that all of plaintiff Brian Kline's non-negligence claims are barred by Pennsylvania law exempting manufacturers of prescription drugs from strict liability. Judge Kelly also noted that Kline's negligence claims are not barred by the learned intermediary doctrine …