Plaintiff May Amend Complaint in Pain Patch Wrongful Death Case

MIAMI - A Florida federal judge has allowed a plaintiff to amend his strict liability and negligent misrepresentation claims in a transdermal pain patch wrongful death case so that they meet the requirements of the learned intermediary doctrine. Mardegan v. Mylan Inc., No. 10-14285 (S.D. Fla.).

In an Aug. 12 order, Judge Jose E. Martinez of the U.S. District Court for the Southern District of Florida also dismissed plaintiff's breach of implied warranty claim for lack of privity but allowed the breach of express warranty claim to proceed.

Aunaleise Williams was prescribed 50 mcg Mylan fentanyl transdermal system patches for …