Judge Refuses to Dismiss Bextra Case Based on Intermediary, Pleading Arguments

NEW YORK - A motion to dismiss a Bextra personal injury case based on the learned intermediary defense and inadequate pleading is premature and can be decided after sufficient discovery has been conducted, a state court judge in New York has ruled. Amico v. Pfizer Inc., No. 105359/05 (N.Y. Sup. Ct., New York Cty.).

In an order issued Sept. 2, Judge Helen Freedman of the New York County Supreme Court denied Pfizer Inc.'s motion to dismiss with leave to renew the argument after discovery is completed. She also noted that the case should not be dismissed at this early stage …