Opinion
2014-02-28
Petition for Allowance of Appeal, No. 572 EAL 2010, from the Unpublished Memorandum and Order of the Superior Court at No. 185 EDA 2009 filed July 26, 2010, affirming the Order of the Philadelphia County Court of Common Pleas at No. 1756 August Term 2004, filed December 15, 2008.
Prior report: Pa.Super., 2010 WL 2965014.
ORDER
PER CURIAM.
AND NOW, this 28th day of February, 2014, the Petition for Allowance of Appeal is GRANTED, the order of the Superior Court is VACATED, and the matter is REMANDED to the Superior Court for consideration in light of Lance v. Wyeth, ––– Pa. ––––, 85 A.3d 434 (2014) (holding “[a] company which is responsible for tendering into the market a drug which it knows or should know is so dangerous that it should not be taken by anyone can be said to have violated its duty of care either in design or marketing”). Jurisdiction relinquished.