3rd Cir. Upholds Dismissal of Avandia Failure-To-Warn Action, Says Plaintiff Suffered No ‘Ascertainable Loss’

PHILADELPHIA — A federal appeals court has upheld dismissal of a lawsuit accusing GlaxoSmithKline of violating the Missouri Merchandising Practices Act by failing to adequately warn of Avandia’s risks, finding the plaintiff failed to show that she suffered an “ascertainable loss” as required by the act.

In a Feb. 12 opinion, the 3rd Circuit U.S. Court of Appeals noted the plaintiff received all the benefits of taking Avandia without any harm and, as such, received the benefit of the bargain and sustained no ascertainable damages under the MMPA.

Staci Laurino is a former user of GSK’s Avandia, a diabetes drug …