Plaintiff in N.J. Tysabri Case Permitted to Bring Claim of Negligent Undertaking Against Biogen Idec

TRENTON, N.J. — A New Jersey federal judge has allowed a plaintiff in a Tysabri case to amend his complaint to add a claim of negligent undertaking, in which he accuses the defendant drug makers of failing to timely offer a test that can help predict whether people taking the drug will develop a neurological disease.

On June 7, Magistrate Judge Mark Falk of the U.S. District Court for the District of New Jersey concluded that the amendment is timely, will not unduly prejudice defendants, and is not futile.

Andrew Nelson was prescribed Tysabri to treat his multiple sclerosis. One …