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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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Hand calculations are good.
It is very important that design engineers do hand calculations.
It is very important that engineering expert witnesses do hand
calculations.
For everything but the simplest of part geometries, hand
calculations of stress are generally rough estimates. Often they
are only in the ballpark of the true maximum stress levels.
Sometimes they are only in the ballpark of the average stress
levels, and miss the highest stresses entirely.
In the span of 50 years, finite element analysis has gone from
esoteric research topic to widely available, widely applied
mature technology. In the 1980's, FEA required extremely
expensive mainframe computers, very expensive FEA codes and
highly trained analysts, and was
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