N.Y. Appellate Court Says Enbrel Cancer Case Should Proceed Against Amgen

NEW YORK — A New York appellate court has upheld a trial court’s refusal to dismiss an Enbrel tongue cancer action against Amgen Inc. and Wyeth Inc., affirming that the claims of design defect, failure to warn, breach of warranty, negligence and fraud were adequately pled.

In an Oct. 9 order, the New York Appellate Division, 1st Department, saud the learned intermediary doctrine does not compel dismissal of the failure-to-warn claims because they are based on defendants’ alleged failure to provide proper warnings to the plaintiff’s prescribing medical professionals.

Lauren Wholey used Enbrel from 1998 through 2005 to treat her …