Court Dismisses Breach of Warranty Claim, Allows Failure-to-Warn Claim

BENTON, Ill. -- An Illinois judge has granted Wyeth's challenge to a breach of express warranty claim in an Effexor case, but has ruled that the plaintiff's failure-to-warn claim can proceed. Giles v. Wyeth Inc., et al., No. 04-4245 (S.D. Ill.).

In a June 20 ruling, Judge J. Phil Gilbert of the U.S. District Court for the Southern District of Illinois also ruled on a number of other motions, denying the plaintiff's motion to exclude testimony by Wyeth's in-house experts and cross-motions for summary judgment based on federal preemption.

Jacquelyn Giles asserted the claims on behalf of her husband, Jeff …