3rd Cir. Upholds Award of Summary Judgment to GSK in Avandia Bone Fracture Action

PHILADELPHIA — A federal appeals court has upheld an award of summary judgment to GlaxoSmithKline in an Avandia bone fracture case, ruling that the plaintiffs failed to present evidence that their prescribing doctor would not have prescribed the drug had he been provided with a stronger warning.

On Feb. 12, the 3rd Circuit U.S. Court of Appeals further ruled that the trial court did not err in striking the plaintiffs’ sur-reply and an affidavit from their doctor conflicting his previous testimony, noting that they deviated from the court’s case management rules.

Linda Schatz was prescribed Avandia in 2002 to treat …