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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Negligence: Failure To Warn – Tendon Injury – Punitive Damages

Negligence: Failure To Warn – Tendon Injury – Punitive Damages

(1)Where a plaintiff, who suffered Achilles tendon ruptures while taking a combination of drugs, was awarded compensatory and punitive damages in his failure-to-warn action against a drug manufacturer, there was enough evidence to support a jury finding that the manufacturer did not use sufficient means to advise the plaintiff’s doctor of a new warning once the manufacturer learned that the package insert was ineffective, and the district court did not abuse its discretion in admitting a letter from the FDA, and evidence of causation was sufficient, so judgment as a matter of law was properly denied.

(2)Where the record in an action against a drug manufacturer for failure to warn failed to show that the defendant deliberately disregarded the risk of tendon injuries in elderly patients taking cortosteroids, the district court erred in denying judgment as a matter of law to the defendant on the issue of punitive damages.

Judgment is affirmed in part; reversed in part.

Schedin v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. (MLW No.64427/Case No. 11-3117 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.) Appealed from U.S. District Court, District of Minnesota, Tunheim, J. (Charles Lifland, Los Angeles, argued for appellant; Tracy Joan Van Steenburgh, John Dames, Dana M. Lenahan and Cynthia Ann Merrill appeared on the brief) (Charles M. Wolfson, New York, argued for appellee; Ronald S. Goldser and Lewis J. Saul appeared on the brief).

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