Goodell DeVries Obtains Summary Judgment in Favor of Bayer HealthCare Pharmaceuticals in March 2017

By: GDLD | 5.1.17 | Case Results

Thomas J. Cullen, Jr. and Ericka Downie of Goodell DeVries obtained summary judgment in favor of Bayer Health Care in a third-party pharmaceutical product liability action in the Circuit Court for Baltimore City.  In Conroy v. Reisinger, et al., the plaintiff alleged she suffered tendon injury and rupture after ingesting generic ciprofloxacin received at a Baltimore Hospital.  The plaintiff asserted medical malpractice and loss of consortium claims against the prescribing physician and the hospital, alleging that they failed to provide her with an adequate warning regarding ciprofloxacin.  The Hospital filed a third-party action against Bayer.  Bayer moved for summary judgment, arguing that it had no duty to warn regarding a generic version of its drug, Cipro, and that Bayer’s warnings for Cipro were at all times reasonable and adequate.  After oral argument, on March 6, 2017, the Honorable Judge Barry Williams granted Bayer’s Motion for Summary Judgment ruling that Bayer had no duty to warn in this instance and that there was no evidence Bayer’s warning was inadequate.