In Lance v. Wyeth, plaintiff brought suit against the manufacturer of the diet drug, Redux, for the death of her daughter resulting from her use of the drug, which was subsequently removed from the market. Because Pennsylvania law does not recognize strict liability design defect claims against drugmakers, plaintiff brought claims for negligent design, negligent marketing, and negligent decision to continue to sell Redux. Wyeth petitioned the Pennsylvania Supreme Court to dismiss these claims, arguing that Pennsylvania law does not and should not recognize such negligence liability for drugmakers. CCL senioar counsel Lou Bogard authored an amicus brief for the American Association of Justice and the Pennsylvania Association of Justice in support of plaintiff.

Finally, more than two years after the case was argued, the Pennsylvania Supreme Court yesterday handed down its decision in Lance. By a vote of 4-2, the Court affirmed a lower court ruling upholding the plaintiff’s negligence claims against Wyeth. The Court characterized Wyeth as seeking a special immunity from traditional common law negligence liability and decided that Wyeth had not provided the Court with sufficient reason to depart from the traditional common law rule. The majority opinion extensively cited, quoted, and relied upon the amicus brief submitted by CCL on behalf of AAJ and PAJ.

Although 2+ years was a long time to wait for this ruling, Lance may well prove to be the rare exception to the maxim: “Justice delayed is justice denied.”