Abbott Can't Escape Suit Over Humira's Cancer Risks

Law360, New York (November 9, 2011, 6:27 PM EST) -- A Texas federal judge refused Tuesday to dismiss a rheumatoid arthritis patient's suit alleging Abbott Laboratories breached a clinical trial agreement by failing to warn her of Humira's cancer risks, keeping the suit alive in part because the plaintiff's doctor was on Abbott's payroll.

In seeking to dismiss the suit, Abbott had tried to wield the so-called learned intermediary doctrine, which relieves drugmakers from the burden of warning patients of risks individually as long as those manufacturers have adequately warned patients' doctors.

However, Abbott can't use...
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Case Information

Case Title

Murthy v. Abbott Laboratories

Case Number



Texas Southern

Nature of Suit

365(Personal Inj. Prod. Liability)


Judge Keith P Ellison

Date Filed

January 11, 2011

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