Pharma can be liable for "lack of due care," Pa. high court says

01/26/2014 | American City Business Journals

"Lack of due care," including the failure to act to stop the marketing of unreasonably harmful drugs, could result in lawsuits against drugmakers under Pennsylvania law, the state's Supreme Court ruled last week. The decision stemmed from a lawsuit filed against Wyeth in 2006 over the weight loss drug Redux. "Under Pennsylvania law, pharmaceutical companies violate their duty of care if they introduce a drug into the marketplace, or continue a previous tender, with actual or constructive knowledge that the drug is too harmful to be used by anyone," Justice Thomas Saylor wrote in the ruling.

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