N.Y. Supreme Court Rules Plaintiff Can Pursue Negligence Claims Against Cytodyne's Former President and CEO

MINEOLA, N.Y. - The New York Supreme Court ruled that a father, whose daughter allegedly sustained injuries as a result of using the ephedra-based supplement Xenadrine RFA-1, could pursue negligence claims asserted against the manufacturer's former president and CEO. Anna Amanda Bernacchia, et al., v. Cytodyne Technologies, Inc., et al., No. 3890/03 (N.Y. Sup. Ct.).

The state high court's Sept. 30 order found that the allegations contained in the plaintiff's amended complaint were sufficient to establish personal jurisdiction under New York's long-arm statute. However, the ruling dismissed the plaintiff's claim for punitive damages.

Plaintiff Robert Bernacchia filed suit against New …