N.Y. Judge Allows Failure-To-Warn, Misrepresentation Claims Against Tysabri Makers

BUFFALO, N.Y. — A New York federal judge has allowed claims of failure to warn and negligent misrepresentation to proceed against the makers of Tysabri in a case in which a man claims that his wife was killed by a deadly virus caused by the drug.

However, in the June 25 order, Judge Michael A. Telesca of the U.S. District Court for the Western District of New York dismissed the plaintiff’s claims of design defect, fraud, and violation of New York consumer law, ruling that they are federally preempted or inadequately pled.

In 2005, Andrea Amos was diagnosed with multiple …