Learned Intermediary Doctrine Bars Plaintiffs' Breach of Warranty, Consumer Fraud Claims

TRENTON - A federal judge awarded summary judgment to two manufacturers of arthritis drugs June 7 after finding that the plaintiffs' breach of implied warranty of merchantability and consumer fraud claims were barred by the learned intermediary doctrine. Heindel, et al. v. Pfizer Inc., et al. No. 02-3348 (D. N.J.).

U.S. District Judge Stanley Chesler also ruled that because plaintiffs Dorothy Heindel and Jean Kinmonth did not suffer any physical injuries as a result of using Celebrex and Vioxx that there is no theory under which they are entitled to recover.

Heindel and Kinmonth, both of whom are residents …