Judge Rules Fear of Future Injury Not a Viable Claim Under LPLA

NEW YORK - A federal judge awarded summary judgment to the manufacturer of Rezulin after finding that a Louisiana woman could not recover damages for a fear of future injury claim under the Louisiana Products Liability Act (LPLA). In re: Rezulin Products Liability Litigation, MDL No. 1348 (S.D.N.Y.).

U.S. District Judge Lewis A. Kaplan's May 6 decision also stated that plaintiff Yolanda Kelly's claim was barred by the statute of limitations.

Kelly's complaint alleges that she did not suffer a discernible injury as a result of using Rezulin, but she claims her use of the diabetes drug may lead to …