Avandia Suit Seeking Economic Damages Barred by NJPLA, Pa. Federal Judge Rules

PHILADELPHIA — A Pennsylvania federal judge has dismissed a suit in which a plaintiff sought reimbursement for sums he paid for Avandia, ruling that all but one of the claims are barred by the New Jersey Products Liability Act, and the remaining claim of breach of express warranty is inadequately pled.

On Oct. 15, Judge Cynthia M. Rufe of the U.S. District Court for the Eastern District of Pennsylvania found the claims are governed by the NJPLA, even though the plaintiff sought only economic damages.

"To allow plaintiffs to seek damages for loss of their co-payments as a result of …