Heparin Maker Baxter Wins Judgment In Warning Suit in New Jersey Federal Court

Baxter Healthcare Corp. won judgment in a heparin suit Aug. 21 as a federal trial court in New Jersey rejected a couple’s claims that allegedly inadequate warnings on the anticoagulant caused complications that made it necessary to amputate the wife’s left leg (Baker v. APP Pharmaceuticals LLP, D.N.J., 3:09-cv-05725-JAP-DEA, 8/21/12).

The U.S. District Court for the District of New Jersey observed in an unpublished opinion that applicable New Jersey law provides a “super-presumption” of adequacy for warnings—such as the heparin warning—that have been approved by the Food and Drug Administration. The court acknowledged two exceptions to the ...