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WHOLEY v. AMGEN, INC.

7253. 162934/15.

165 A.D.3d 458 (2018)

86 N.Y.S.3d 16

2018 NY Slip Op 06692

Lauren Wholey et al., Respondents, v. Amgen, Inc., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 9, 2018.

As the sponsors of a clinical trial, defendants owed no duty to plaintiff Lauren Wholey, an enrollee in the trial (see Sykes v United States, 507 Fed Appx 455, 462 [6th Cir 2012]; Abney v Amgen, Inc., 443 F.3d 540, 550 [6th Cir 2006]). Thus, her claims concerning the drug Enbrel must be limited to those that allegedly arose after she stopped participating in the trial and was prescribed the drug as a patient.

The claim...

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