Negligence, Fraud Claims Against Abbott Labs Dismissed Without Prejudice

SAN FRANCISCO - A California federal judge has dismissed without prejudice a Humira wrongful death action against Abbott Laboratories Inc., ruling that the claims of fraud, negligence and breach of warranty were not pleaded with the requisite specificity. Wendell, et ux. v. Abbott Laboratories, et al., No. 09-04124 (N.D. Calif.).

On Jan. 20, Judge Claudia Wilken of the U.S. District Court for the Northern District of California ruled that plaintiffs failed to identify whether Abbott actually made the misrepresentations, omissions and fraudulent statements and failed to allege how the drug maker's warnings about Humira were inadequate. Plaintiffs filed an amended …