Failure to Warn Claim Against Drug Manufacturer Dismissed

A California federal court dismissed another failure to warn claim against a drug manufacturer, GlaxoSmithKline, based on the learned intermediary doctrine.  Plaintiff claimed  she had suffered bone fractures as a result of her use of diabetes medication.  The court emphasized that the prescribing doctor must unambiguously testify that had he received a different warning, he would have changed his prescribing decision.  Plaintiff’s prescribing doctor did not so testify. [4/17/15]