Exergen Sues Baxter International to Defend Its Right to Publish Data Regarding the Accuracy of Oral Thermometers

Last week Exergen Corporation filed a lawsuit against Baxter International Inc. in the United States District Court for the District of Massachusetts.

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Mercoledì, Aprile 24, 2024
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General Health, Medical Devices, Hospitals, Health, Health Technology, Speech, Baxter International, Exergen Corporation, District court
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UNITED STATES, NORTH AMERICA, MASSACHUSETTS
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Key Points: 
  • Last week Exergen Corporation filed a lawsuit against Baxter International Inc. in the United States District Court for the District of Massachusetts.
  • As detailed in its complaint, Exergen’s lawsuit is a response to an effort by Baxter to censor true statements that Exergen has made in a scientific journal about a matter of public concern, among other issues.
  • Through its lawsuit, Exergen seeks a legal declaration that its statements are not only true, but that they constitute First Amendment protected speech.
  • Exergen looks forward to having this matter resolved in a court of law.


Last week Exergen Corporation filed a lawsuit against Baxter International Inc. in the United States District Court for the District of Massachusetts. As detailed in its complaint, Exergen’s lawsuit is a response to an effort by Baxter to censor true statements that Exergen has made in a scientific journal about a matter of public concern, among other issues.

Through its lawsuit, Exergen seeks a legal declaration that its statements are not only true, but that they constitute First Amendment protected speech. Exergen looks forward to having this matter resolved in a court of law.

Click here to read the formal complaint.

About Exergen Corporation

Exergen invented, manufactures, and markets two series of the TemporalScanner thermometer: a professional version for hospitals and clinics, and a consumer version sold in major retailers nationwide. More than three billion temperatures are taken each year with TemporalScanners. Used in thousands of hospitals and clinics across the country as well as in millions of homes, TemporalScanners are the #1 preference of pediatricians, nurses, and parents. The Exergen TemporalScanner's accuracy is supported by more than 100 peer-reviewed published clinical studies covering all ages from preterm infants to geriatrics and all care areas from hospitals to homes. Exergen has also long been a leader in nursing. For nearly 20 years, it has been part of the nursing profession's educational curriculum. Published textbooks from 2005 to present include Exergen thermometers and have set nurse training standards, relied upon in thousands of nursing programs nationwide.

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