Mass. Federal Judge Says Learned Intermediary Doctrine Bars Effexor Suit
December 17, 2018
BOSTON — A Massachusetts federal judge has dismissed a lawsuit against Wyeth involving Effexor, finding the plaintiff failed to adequately allege his claims of defective design and failure to warn.
In a Dec. 14 order, Judge Timothy Hillman of the U.S. District Court for the District of Massachusetts noted the plaintiff admitted in his complaint that Wyeth warned his doctor of the side effects he allegedly experienced after taking the drug.
In June 2015, Arthur Burnham presented to the emergency room with suicidal thoughts and was hospitalized. During his hospital stay, he was prescribed Effexor. Later that day, he allegedly …
- DLA Piper
- Wheeler Trigg O'Donnell