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Accutane MDL Update

The Accutane MDL judge granted summary judgment in one of the cases pending before him, ruling that warnings about inflammatory bowel disease (IBD) that were on the drug’s label at the time the plaintiff took Accutane were adequate, because a prescription drug is not defectively designed when it is accompanied by an adequate warning, at least under New York law.
What about the defective design claims? The court found that design defect claims under New York law are not separate and distinct from plaintiff inadequate warnings claims because that state’s law is that an adequate warning bars any design defect liability against the manufacturer.
You can find the court’s opinion here.

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