Drug Makers Cannot be Held Liable for Failing to Meet Market Demand, Utah Federal Judge Rules

SALT LAKE CITY — Utah law does not impose a duty on drug makers to ensure a continued supply of their product for all potential users, a Utah federal judge has ruled in an action in which a woman claims her husband’s death was caused by a Fabrazyme shortage.

On Sept. 4, Judge Dale Kimball of the U.S. District Court for the District of Utah found that under Utah negligence law, Genzyme Corp.’s failure to meet market demand for a drug is nonfeasance, which implicates a duty only in cases of special legal relationships. Such a relationship does not exist …