Judge Dismisses Negligence, Warranty Claims from Benadryl Case; Allows Failure-To-Warn, Manufacturing Defect Claims to Proceed

CHIGAGO — An Illinois federal judge has dismissed negligence and warranty claims asserted in a Benadryl injury action as time-barred, finding they accrued when the plaintiff was injected with the drug, rather than when she discovered the alleged cause of her injuries.

However, in the Sept. 12 order, Judge James B. Zagel of the U.S. District Court for the Northern District of Illinois allowed the plaintiff’s failure-to-warn and manufacturing defect claims to proceed against McNeil-PPC Inc. and Johnson & Johnson, finding no basis for dismissal.

On Aug. 22, 2008, Soon Kim went to the emergency room complaining of headaches, nausea …