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Superior Court Affirms Dismissal of Paxil Birth Defect Case Lacking Proximate Causation

On March 11, 2013 by Schnader

The Pennsylvania Superior Court affirmed the dismissal of negligent failure to warn, negligent misrepresentation, and design defect claims against the defendant pharmaceutical manufacturer because plaintiffs-appellants failed to challenge the trial court’s holding that a physician’s failure to read and rely on drug labeling defeated proximate causation pursuant to the learned intermediary doctrine.

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