| NANCY COCHRAN v. WYETH, INC No. 2838 EDA 2008 2010 PA Super 131 Atlantic: n/a Filed: 7/27/2010 | |
| Appeal from the Order entered September 4, 2008, Court of Common Pleas, Philadelphia County, Civil, at No. 000275, August Term 2004 | |
| Before: STEVENS, GANTMAN and ALLEN, JJ. | |
| Opinion by: ALLEN, J. | |
| In this failure to warn case, we are asked to decide whether a plaintiff can prove proximate causation where a drug manufacturer’s warning disclosed a risk of injury, the plaintiff sustained that very injury, but the manufacturer failed to disclose another risk of injury which the plaintiff did not sustain. We hold that in these circumstances, a plaintiff cannot prove proximate causation because the non-disclosed risk did not materialize in physical injury. | |
Tuesday, July 27, 2010
NANCY COCHRAN v. WYETH, INC
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