Under the decision in Lance v. Wyeth, what will the plaintiff have to prove at trial in order to establish that Wyeth acted negligently in putting Redux on the market? Note that, by the time of the litigation, the FDA had already taken Redux off the market. Could the negligence theory recognized by the court ever succeed in cases involving drugs that are still being marketed with FDA approval? Why or why not?

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Proving Negligence in Lance v Wyeth and Beyond The Pennsylvania Supreme Court decision in Lance v Wyeth established a legal precedent for negligence c... View the full answer