10th Circuit Upholds Summary Judgment to Aventis in Clomid Birth Defect Case

DENVER — A federal appeals court has upheld an award of summary judgment to Aventis Inc. on claims that it failed to adequately warn doctors that its infertility drug Clomid can cause birth defects when taken before pregnancy, finding the plaintiff was not injured by the allegedly insufficient warning.

In an Aug. 9 opinion, the 10th Circuit U.S. Court of Appeals further affirmed that the current Clomid “specifically discussed the potential for fetal harm,” and “as a matter of Utah law” adequately warned of the risk of birth defects from ingesting Clomid during pregnancy.

In 1967, the FDA approved …