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Pennsylvania State Court Decisions
1. Civil Litigation
1.1. Causes of Action - Learned Intermediary
► Superior Court of Pennsylvania
♦ Lineberger v. Wyeth
2006 PA Super 35 (February 23, 2006)
Holding: In a pharmaceutical liability claim against a drug manufacturer, in order to avoid having the claim barred by the learned intermediary doctrine, the plaintiff must prove that the prescribing physician would not have prescribed the drug had the manufacturer provided a different.
1.2. Evidence - Intoxication
► Commonwealth Court of Pennsylvania
♦ Lock v. City of Philadelphia
No. 1637 C.D. 2005 (March 27, 2006)
Holding: When recklessness or carelessness is at issue,
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Articles:
As a product liability professional, it is important that you
know what Finite Element Analysis (FEA) can do for you. If you
don't, your adversary might. Whether you serve plaintiffs,
defendants or both, you're probably already familiar with FEA.
Simply put, if a loss, injury or death is due to something
bending or breaking, FEA can help explain the failure.
An experienced FEA expert can determine the stresses and
displacements in the failed part. When compared to industry
standards, earlier designs and competitive designs, this often
identifies the cause of failure, and hence the responsible party.
As in any field, your choice of an expert is important in making
your case.
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