State Supreme Court Justice Rules Plaintiff's Claims Are Not Precluded by Learned Intermediary Doctrine

NEW YORK-A motion for summary judgment was denied by a state Supreme Court Justice who ruled that the warning labels accompanying Rezulin did not mention cirrhosis as a possible complication and that the manufacturer continued to aggressively market the diabetes drug despite black box warnings. Beck v. Warner-Lambert, Co., et al., No. 121762/00 (N.Y. Supr. Co. N.Y. Cty.).

Supreme Court Justice Helen E. Freedman's Aug. 9 decision sided with plaintiff Frances Beck's argument that her claims of negligence, strict liability, fraud and breach of implied warranty are not affected by the learned intermediary doctrine.

Warner-Lambert contended that Beck's physician, …