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HASSETT v. DAFOE

No. 81 EDA 2012.

74 A.3d 202 (2013)

2013 PA Super 213

Paul E. HASSETT, v. Donald DAFOE, M.D., James F. Burke, Jr., M.D., George Francos, M.D., Rakesh Gulati, M.D., Jefferson University Physicians, Jefferson Renal Associates, Thomas Jefferson University Hospital, Wyeth Inc., Wyeth Pharmaceuticals Inc., Schwarz Pharma, Inc., Schwarz Pharma, Inc. d/b/a Schwarz Pharma, USA, Schwarz Pharma, USA, Pliva Inc., Teva Pharmaceuticals Industries, Ltd, Teva Pharmaceuticals Industries, Ltd d/b/a Teva Pharmaceutical USA, Inc., Teva Pharmaceutical USA, Inc. Appeal of Pliva, Inc., and Teva Pharmaceuticals USA, Inc., Appellants.

Superior Court of Pennsylvania.

Filed July 29, 2013.

Reargument Denied October 2, 2013.

Attorney(s) appearing for the Case

Jay J. Lefkowicz , New York, New York, for Teva, appellant.

Howard J. Bashman , Willow Grove , for Hassett, appellee.

BEFORE: STEVENS, P.J., BOWES, and PLATT, JJ.

OPINION BY BOWES, J.

PLIVA, Inc. and Teva Pharmaceutical USA, Inc., ("Generic Defendants") appeal from November 18, 2011 order overruling their preliminary objections in the nature of a demurrer to a master complaint filed by Paul E. Hassett, who was allegedly injured after ingesting metoclopramide.1 The Generic Defendants assert that all of Mr. Hassett's claims against generic manufacturers of metoclopramide, regardless of the legal theory...

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