Fifth Circuit Rules Duract Plaintiffs Have No Standing Absent Injury

HOUSTON - A federal circuit court in Texas has ruled that plaintiffs in a breach of warranty lawsuit seeking economic damages against Wyeth-Ayerst Laboratories have no standing to bring suit, because they did not suffer injury or claim they suffered injury. Rivera, et al. v. Wyeth-Ayerst Laboratories, et al., No. 01-40122 (5th Cir.).

The U.S. Court of Appeals for the Fifth Circuit concluded on Feb. 15 that plaintiffs had failed to demonstrate an injury in fact and failed to plead facts essential to establish causation. Furthermore, the court noted, the facts themselves presented 'an additional hurdle in demonstrating causation.'