Duty To Warn Doctrine Weakened For Drugmakers

Law360, New York (January 7, 2014, 5:07 PM EST) -- When plaintiffs attempt to broaden the claims they can bring against manufacturers, it is a relief for defendants when courts refuse to play along. A creative theory of recovery was recently rejected when a Pennsylvania federal district court dismissed a failure to warn lawsuit against Bristol-Myers Squibb relating to its drug, Abilify. See Bergstresser v. Bristol-Myers Squibb Co., No. 12-1464 (M.D. Pa.). In Bergstresser, the plaintiff attempted to hold the drug manufacturer responsible for failing to provide instructions to doctors on how to monitor patients for...
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