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Expert Analysis

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 signs and symptoms of a potential side effect....

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