The state Supreme Court has declined to consider a novel theory that a plaintiff may show that a drugmaker failed to warn of all the harmful risks from its drug, rather than directly showing that the drugmaker failed to warn of the specific harm that ultimately caused the plaintiff’s injury.
When the Superior Court considered Cochran v. Wyeth , the front-line appellate court treated it as an apparent case of first impression, and affirmed the current scope of the failure-to-warn theory.
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