Failure To Warn, Design Defect Claims Survive in Heparin Case
December 10, 2010
TRENTON, N.J. - A New Jersey federal judge has allowed claims for strict liability for failure to warn and design defect to proceed against the manufacturers of heparin, ruling that the claims are backed by allegations that are "more than labels and conclusions." _Baker v. APP Pharmaceuticals LLC, et al., _No. 09-5725 (D. N.J.).
On Nov. 30, Judge Joel Pisano of the U.S. District Court for the District of New Jersey dismissed, however, the claims for negligence, breach of implied warranty, negligent misrepresentation and fraud by concealment, ruling that they are abrogated by the New Jersey Products Liability Act. The …