ü As a matter of Pennsylvania law, strict liability and breach of implied warranty claims are barred against manufacturers of prescription medical devices.
ü For breach of warranty of claims, plaintiff is a buyer and must plead notice.
ü Consumer fraud claims are barred by the learned intermediary doctrine.
Under Pennsylvania law, a consumer does not have a cause of action under the UTPCPL against the manufacturer of prescription drugs because prescription drug manufacturers do not have a duty to disclose information directly to consumers. Permitting a cause of action under UTPCPL would result in effectively making prescription drug manufacturers absolute guarantors of any anticipated effects of the drug. This is so because a claim under the UTPCPL requires proof of causation and reliance, and the learned intermediary doctrine breaks the chain in terms of reliance, [because] the patient cannot obtain prescription drugs without the physician no matter what [the patient] believe[s] about them. In other words, a private right of action under the UTPCPL requires proof of justifiable reliance and causation, and such requirements cannot be present when the defendant is a pharmaceutical company that did not sell its product directly to the patient. The same reasoning extends to manufacturers of prescription medical devices.
ü Fraud and UTPCPL claims must be pled with particularity.
Plaintiff fails to allege facts supporting the nature of her reliance or specific representations Defendant made relating to the reliance. Plaintiff fails to allege facts indicating the date, time, and place of the alleged fraud, or, alternatively, inject any precision or measure of substantiation into her fraud allegations that would place the defendant on notice of the precise misconduct with which it is charged.