Breaking new ground in drug products liability, a federal judge has refused to dismiss negligence and fraud claims against a research firm that allegedly conspired with a drug maker to mislead the FDA. The judge rejected the argument that the firm owes no duty of care to a patient who was harmed by a drug that won FDA approval due to falsified test results. The judge also concluded the plaintiff's state tort claims were not pre-empted by federal law because the drug maker pleaded guilty to criminal fraud.
Suit Against Drug Research Firm Allowed to Continue
The Legal Intelligencer
November 2, 2007
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