3rd Circuit Upholds Summary Judgment to Plavix Makers on Failure-To-Warn, Design Defect Claims

PHILADELPHIA — A New Jersey federal court properly granted the makers of Plavix summary judgment on claims they failed to adequately warn doctors of the risk of severe bleeding posed by the drug, the 3rd Circuit U.S. Court of Appeals has ruled.

On Nov. 18, the appellate court the found the plaintiff failed to establish a genuine issue of fact as to whether the Plavix labeling was inadequate, therefore the learned intermediary doctrine bars the claims.

Eloise LaBarre sued Bristol Myers–Squibb Co. and Sanofi–Aventis U.S. in the U.S. District Court for the District of New Jersey, alleging that her late …