Dilatin Loss of Consortium Case Will Remain in Federal Court, Judge Rules

STATESBORO, Ga. - A Georgia federal judge has refused to remand to state court a Dilatin loss of consortium action, ruling that the only Georgia defendant, a pharmacy, had no duty to warn the deceased of risks associated with the drug under the learned intermediary rule. Coney v. Mylan Pharmaceuticals Inc., No. 11-35 (S.D. Ga.).

On Aug. 16, Judge B. Avant Edentfield of the U.S. District Court for the Southern District of Georgia also dismissed plaintiff's breach of implied warranty claim, ruling that the deceased had no privity with the defendant drug manufacturers.

In November 2007, Bertha Coney was hospitalized …