STORY FROM: Drugs & Medical Devices

Plaintiff May not Amend Warranty, Fraud Claims in Lialda Action, Ala. Federal Judge Says

BIRMINGHAM, Ala. — An Alabama federal judge has refused to reconsider his denial of a plaintiffs’ motion to amend breach of warranty and fraud claims in a Lialda kidney damage action, ruling that amendment would be futile because the proposed changes do not cure the claims’ defects.

On May 10, Judge R. David Proctor of the U.S. District Court for the Northern District of Alabama said the language in the Lialda label cannot be construed to represent an "express warranty of safeness," and that the plaintiff failed to allege that Shire fraudulently failed to warn about the risks associated with ...

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