Bristol-Myers got out of a wrongful death Plavix case on summary judgment after a New Jersey federal judge found that the Plaintiff cannot proffer evidence to support a failure to warn claim under the Florida law applicable to the case. It was a big loss all the way around. The court nixed the plaintiff’s claim on duty to warn, causation, and the learned intermediary doctrine.
The court does not appear to be saying that other Plavix patients may not have a failure to warn case but that, as applied to the facts and medical condition of the Plaintiff in this case, there is no negligent warning case.
Interestingly, Plaintiff fought an effort last year by Bristol-Myers to get the case moved to the MDL. Had the Plaintiff lost, and the case been transferred, maybe the case would have gone to the back of the pack and eventually been lumped in to a settlement group down the road. Of course, this is rampant speculation.