Drug Maker Awarded Summary Judgment in Case Asserting Fear of Future Injury Claim

NEW YORK - In an order entered on April 15, U.S. District Judge Lewis A. Kaplan awarded summary judgment to the manufacturer of Rezulin in a case filed by a Mississippi man who is asymptomatic, but fears his ingestion of the diabetes drug could lead to future injury. In re: Rezulin Products Liability Litigation, MDL No. 1348 (S.D.N.Y.).

Similar to a ruling filed on April 7 that granted the drug maker's motion for summary judgment in three cases asserting fear of future injury, Judge Kaplan noted that Mississippi law does not recognize a cause of action for fear of future …