STORY FROM: Drugs & Medical Devices

Enbrel Tongue Cancer Action to Proceed in N.Y. Court Against Amgen, Wyeth

NEW YORK — An Enbrel tongue cancer action will proceed against Amgen Inc. and Wyeth Inc. per a recent ruling in which a New York judge found the claims of design defect, failure to warn, breach of warranty, negligence and fraud were adequately pled.

On March 8, Judge Eileen Rakower of the New York County Supreme Court also held that further discovery is needed before it can be determined whether plaintiffs’ design defect claim is preempted by federal law.

However, the judge dismissed the defective manufacturing claim, explaining that does not explain how the manufacture of Enbrel was defective, or ...

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