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| R.F. v. Abbott Laboratories |
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Abbott Laboratories
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| Winston & Strawn defended Abbott Laboratories in a five-week jury trial involving Abbott?s HIV antibody screening test. The plaintiff became infected with HIV as the result of a blood transfusion that was screened by our Abbott test. The blood tested negative despite that it was in fact infected with HIV. Plaintiff alleged that Abbott had negligently designed and labeled the test. After extensive expert testimony, the jury returned a verdict for Abbott on all counts. On appeal, the New Jersey Supreme Court affirmed the verdict, holding that the plaintiff?s claims were federally preempted by the Medical Device Amendements to the U.S. Food Drug & Cosmetics Act. |
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