Although not all attorneys agree, many plaintiffs lawyers are taking the recent state Supreme Court decision that allowed a plaintiff’s defective-design claims to go forward against a Pfizer subsidiary as a major victory in the pharmaceutical litigation arena.
Last week, the justices issued their decision in Lance v. Wyeth, which affirmed the state Superior Court’s holding to allow a plaintiff to pursue a negligence claim against the drugmaker for putting an allegedly defective drug on the market. The court on a 4-2 vote issued the ruling Jan. 22 with Justice Thomas G. Saylor writing the majority opinion.
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