Post-Sale Duty To Warn Claims Barred, Neb. Federal Judge Rules in Enbrel Case

OMAHA, Neb. — Claims alleging that the makers of Enbrel had a post-sale duty to warn are barred by Nebraska law and must be dismissed, a federal judge has ruled.

In the Sept. 29 order, Chief Judge Laurie Smith Camp of the U.S. District Court for the District of Nebraska also granted the plaintiff leave to amend her negligence, warranty and consumer protection act claims, but the judge refused to dismiss the plaintiff’s defective design claim, finding it was adequately pled.

Steve Vallejo was prescribed Enbrel in 2004 to treat his rheumatoid arthritis and later suffered complications from a type …