Clomid Maker Awarded Summary Judgment in Utah on Failure-To-Warn, Fraud Claims

SALT LAKE CITY — A Utah federal judge has awarded summary judgment to the maker of fertility drug Clomid, finding the plaintiffs were not injured by the drug maker’s failure to adopt a warning concerning the risk of harm to the fetus when the drug is taken during pregnancy.

On Nov. 29, Judge Dee Benson of the U.S. District Court for the District of Utah held that because the plaintiff did not ingest Clomid while pregnant, she cannot prevail on their failure-to-warn claim based on Aventis’ alleged failure to warn about the risk of taking Clomid during pregnancy.

On May …