Design Defect, Negligence Claims to Proceed Against Former Darvocet Maker

COVINGTON, Ky. — A Kentucky federal judge has allowed a plaintiff’s claims of design defect, negligent design and negligence to proceed against the former manufacturers of Darvocet, despite the fact that they sold the new drug application for Darvocet before the plaintiff’s dates of ingestion.

In an Oct. 10 order, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky explained that the transfer of the NDA does not completely insulate the manufacturer from liability for a drug that was produced and sold before the divestiture.

AAIPharma LLC, AAIPharma Inc., AAIPharma Development Services Inc. and …