Action Targeting Injectafer Iron Replacement Drug to Proceed in Pa. Federal Court
August 11, 2020
PHILADELPHIA — A Pennsylvania federal judge has allowed claims of negligence and gross negligence to proceed in an Injectafer case, finding the plaintiffs sufficiently alleged defendants negligently failed to test the iron replacement drug and were aware of its risks “but didn’t care.”
However, in an Aug. 6 opinion, Judge Wendy Beetlestone of the U.S. District Court for the Eastern District of Pennsylvania dismissed the design defect claims, ruling they are barred by comment k of the Restatement (Second) of Torts, and that plaintiffs failed to point to a safer alternative drug.
Injectafer is an iron replacement injection drug used …