Pennsylvania’s bar on strict liability claims for prescription drugs shaved two claims from a woman’s case against a mesh manufacturer in federal court.
U.S. District Judge Joel Slomsky of the Eastern District of Pennsylvania looked to both state and federal courts’ treatment of that standard—which have not always ruled in concert—in deciding that it would extend to Gayle Terrell’s claims for strict liability based on an alleged manufacturing defect and for breach of implied warranty of merchantability of the Marlex mesh that was surgically implanted to treat a hernia and had to be removed almost 20 years later after years of medical complications.
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