Defect, Warning Claims to Proceed Against Makers of Tygacil in N.Y. Federal Court

NEW YORK — Claims of negligence, design/manufacturing defects and failure to warn may proceed against the makers of Tygacil because plaintiffs have adequately pled medical causation, a New York federal judge has ruled.

However, in a May 1 order, Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York dismissed the warranty and fraud claims, explaining that there was no privity between plaintiffs and defendants and the complaint does not meet Rule 9(b)’s heightened pleading requirements.

In May 2012, Georgia resident Joyce Benefield sought treatment for a post-operative abdominal infection and was prescribed …