Comment k Does Not Bar Design Defect Claims Against Eliquis Makers, Hawaii Federal Judge Says

HONOLULU — Comment k of the Restatement (Second) of Torts does not bar design defect claims asserted against Bristol-Myers Squibb Co. and Pfizer Inc. in an Eliquis action, a Hawaii federal judge has ruled, explaining that such blanket immunity is not afforded to all drug makers for such claims.

However, in the April 19 order, Judge Derrick K. Watson of the U.S. District Court for the District of Hawaii dismissed without prejudice the fraud-based claims as inadequately pled under Federal Rule of Procedure 9(b), but granted plaintiffs leave to amend.

According to the complaint, Hawaii resident Thomas Segovia Sr. was …