Lack of Informed Consent a Viable Cause of Action in Lariam Case

NEW YORK - A lack-of-consent claim filed on behalf of an infant allegedly injured by Lariam is sufficient to sustain a claim for damages against a physician who administered the medication, a New York judge has ruled. Kuperstein v. Hoffman-La Roche Inc., No. 06-4942 (S.D. N.Y.).

U.S. District Judge Shira A. Scheindlin's Oct. 11 decision, which remanded the claims of Eileen, Steven and Michael Kuperstein to New York Supreme Court, rejected defendant Hoffman-La Roche Inc.'s contention that the Kuperstein's physician had been fraudulently joined to the suit.

The Kupersteins sued Roche and their family doctor seeking $25 million in damages …