STORY FROM: Drugs & Medical Devices

N.J. Federal Judge Dismisses Plavix Injury Action, Awards Defendants Summary Judgment

TRENTON, N.J. — A New Jersey federal judge has dismissed a Plavix injury action, ruling that the learned intermediary doctrine bars the plaintiff’s failure-to-warn claim because his prescribing doctor testified that he was aware of the drug’s risks and would have prescribed it to the plaintiff regardless.

In an Aug. 17 order, Judge Freda L. Wolfson of the U.S. District Court for the District of New Jersey further held that the plaintiff’s design defect claim fails because it is based solely on inadequate warnings, rather than on the safety of the drug for its typical usage.

In June 2000, ...

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Arnold & Porter Kaye Scholer
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Lowenstein Sandler
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