Summary Judgment to Drug Makers Affirmed in Mirapex Case

ST. LOUIS, Mo. - A federal appeals court has affirmed a grant of summary judgment to drug makers in a Mirapex injury case, ruling that the learned intermediary doctrine defeated the statutory claims of deceptive advertising and deceptive trade practices. Scelta v. Boehringer Ingelheim Pharmaceuticals Inc., et al., No. 09-3415 (8th Cir.).

On Dec. 17, the 8th Circuit U.S. Court of Appeals further affirmed that the plaintiff failed to create a genuine issue of fact on his strict liability and negligent failure to warn claims because he did not provide expert testimony on the inadequacy of the drug's warning label.