STORY FROM: Drugs & Medical Devices

Inadequate Warning Claims Survive Dismissal Motion in La. Blood Test Strip Case

NEW ORLEANS — A Louisiana federal judge has allowed an inadequate warning claim to proceed against the makers of blood coagulation test strips, ruling that the plaintiffs adequately alleged that their physician was not warned of the product’s possible malfunction.

However, in the Dec. 13 order, Judge Barry W. Ashe of the U.S. District Court for the Eastern District of Louisiana dismissed without prejudice the claims of breach of express warranty and redhibition, saying they were inadequately pled. But the judge allowed the plaintiffs to seek leave to file an amended complaint.

David Morenc takes a blood thinning drug to ...

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Leake & Andersson
McDermott Will & Emery

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