Utah Learned Intermediary Rule Doesn’t Trump Ability Warning Claim, Judge Says

Mealey's (January 15, 2021, 11:21 AM EST) -- PENSACOLA, Fla. — A Florida federal judge on Jan. 12 adopted a magistrate judge’s recommendation to deny summary judgment to Bristol-Myers Squibb Co. and Otsuka Pharmaceutical Co. Ltd. in an Abilify compulsive side effect case, finding that Utah’s learned intermediary rule hasn’t been extended to failure-to-warn claims....