Sneed et al v. Bristol-Myers Squibb et al
||Michael Sneed and Janet Sneed
||Bristol-Myers Squibb and Pfizer, Inc.
||April 19, 2016
||US District Court for the Southern District of New York
||Foley Square Office
||XX Out of State
||Denise L. Cote
|Nature of Suit:
||Personal Injury: Health Care
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|July 26, 2017
OPINION AND ORDER: Plaintiff Sheila Fortner (Fortner) brings this product liability lawsuit against defendants Bristol-Myers Squibb Company (BMS) and Pfizer Inc. (Pfizer), alleging that she suffered gastrointestinal bleeding caused by taking Eliquis, a prescription drug manufactured, marketed, and distributed by the defendants. Two previous Opinions addressed Eliquis product liability claims -- Utts v. Bristol-Myers Squibb Co. & Pfizer Inc., 16cv5668 (DLC), 2016 WL 7429449 (S.D.N.Y. Dec. 23, 20 16) (Utts I), and Utts v. Bristol-Myers Squibb Co. & Pfizer Inc., 16cv5668 (DLC), 2017 WL 1906875 (S.D.N.Y. May 8, 2017) (Utts II) -- and explained the principles of preemption that govern state law failure to warn and design defect claims against br and name drug manufacturers. The Utts Opinions further addressed whether the Eliquis complaints at issue satisfied the pleading standards of Rules 8(a) and 9(b), Fed. R. Civ. P. Plaintiff in this action was given an opportunity to amend her complai nt in light of the analyses in Utts I and Utts II. The plaintiffs amended complaint fails to correct the pleading deficiencies described in Utts I and Utts II, and largely for the reasons set forth in the Utts Opinions, the present action is dismiss ed with prejudice......The amended complaint is dismissed with prejudice. The Clerk of Court shall enter judgment for the defendants and close this case. (Signed by Judge Denise L. Cote on 7/26/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr)
|May 8, 2017
OPINION AND ORDER.......[Regarding 16cv5668 Utts, et al., v. Bristol-Myers Squibb Co., et al.]The defendants March 10, 2017 motion to dismiss the Second Amended Complaint is granted in its entirety. The Clerk of Court shall enter judgment for the defendants. (Signed by Judge Denise L. Cote on 5/8/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr)
|December 23, 2016
OPINION AND ORDER: The defendants October 5 motion to dismiss is granted in part. The design defect claims are dismissed with prejudice. The plaintiffs are given leave to amend their remaining claims. A separate scheduling order accompanies this Opinion. (Signed by Judge Denise Cote on 12/23/2016)(gr)
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