Judge Keeps Failure-To-Warn Claim In Baxter Suit

Law360, New York (May 23, 2008, 12:00 AM EDT) -- A federal judge has rejected a second bid by Baxter Healthcare Corp. to toss a failure-to-warn claim from a lawsuit over the pharmaceutical company's plasma treatment, ruling the issue a matter for trial.

In an opinion handed down Thursday, New Jersey District Judge Peter Sheridan said doubts about the sufficiency of safety warnings on the insert label of the intravenous immunoglobulin should be heard by a jury.

Judge Sheridan rejected calls by Baxter to reconsider his August decision denying the drugmaker summary judgment on the matter,...
To view the full article, register now.