Failure-To-Warn, Implied Warranty Claims to Proceed in Humira Cancer Case

NEW YORK — The plaintiff in a Humira case against Abbott Laboratories (NYSE: ABT) has adequately pleaded claims of failure to warn and breach of implied warranty, a New York federal judge has ruled, explaining that the informed intermediary doctrine does not defeat these claims at this early stage in the litigation.

In a Dec. 21 order, Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York dismissed, however, plaintiff’s claims of strict liability design defect, negligent design defect, strict liability misrepresentation, negligent misrepresentation and breach of express warranty.

Cynthia DiBartolo alleged that after …