Design Defect, Warning Claims to Proceed in N.Y. Clomid Birth Defect Action

NEW YORK — Claims of design defect and failure to warn in a Clomid birth defect case are not “wrongful life” claims and therefore not barred by New York law because the plaintiff has not alleged that had her mother not taken the drug, she would not have been born at all, a federal judge has ruled.

In an Aug. 12 order, Judge Nelson S. Roman of the U.S. District Court for the Southern District of New York explained that there is a plausible counterfactual that the plaintiff would have been born without the use of Clomid and without birth …