Drug Makers May Face Liability for Design Defects

The Legal Intelligencer reports that drug companies may face product liability claims in Pennsylvania for defectively designed drugs, the state Supreme Court has ruled. The 4-2 ruling stems from a case involving the fatal use of a diet drug made by a Pfizer subsidiary that was later taken off the market. The majority rejected the argument that manufacturing defects and inadequate warnings are the only viable product liability claims against pharmaceutical companies, and the court allowed claims to go forward alleging the drug company negligently designed and marketed the diet pill.