Statements by Baxter ($BAX) executives about defective heparin played a key role in a judge's ruling against the company in a case concerning more than 80 U.S. deaths involving the contaminated blood thinner. The Illinois state court granted a partial summary judgment to two plaintiffs because the drug was "unreasonably dangerous."
The incident involves Baxter and its API supplier, Scientific Protein Labs. SPL had imported the API from China. The judgment concerns only Baxter, however, according to the Wall Street Journal.
Baxter had argued to no avail that its executives who made the "defective" statements while deposed--one of whom is VP for quality--are neither doctors nor scientists, and therefore unqualified to link the heparin to the deaths. The judge, however, maintained that the issue in the case is simply whether the API was contaminated.
Baxter and SPL face 300 cases, which have been consolidated. Both say they weren't negligent.
- here's the article