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A Pennsylvania Superior Court panel has affirmed the conclusion by the head judge of the Philadelphia Complex Litigation Center that under state law, a pharmaceutical manufacturer's duty to warn runs to prescribing physicians, and not to patients. The panel agreed with the opinion that stated that in order to prove liability, a fen-phen plaintiff needs to show that his or her doctor would not have prescribed the diet drug if the manufacturer had offered a different warning.
December 28, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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