Court: Drug Label's Referral to Physician Did Not Create Duty to Warn

CHICAGO - A drug manufacturer's referral to a physician for further treatment beyond the drug's recommended use does not give rise to a duty to warn patients of potential dangers associated with taking the product, a federal judge has ruled. Orso v. Bayer Corp., No. 04-0114 (N.D. Ill.).

Judge Joan B. Gottschall of the U.S. District Court for the Northern District of Illinois issued the ruling Sept. 27, dismissing part of a putative class' product liability claim against Bayer Corp. for alleged injuries associated with the company's over-the-counter Neo-Synephrine nasal spray.

Judge Gottschall, however, refused to dismiss class allegations based …