STORY FROM: Drugs & Medical Devices

Design Defect Claim to Proceed Against Makers of Medical-Imaging Dye in N.J. Federal Case

TRENTON, N.J. — A New Jersey federal judge has allowed a design defect claim to proceed against the maker of a medical-imaging dye, finding there are questions of fact as to whether the plaintiff knew as early as 2009 that his injuries were caused by the product, yet waited more than two years to file suit.

In a March 15 order, Judge Esther Salas of the U.S. District Court for the District of New Jersey further held that issues of fact exist as to whether the claims of failure to warn and breach of warranty are time-barred. However, the judge ...

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