Belviq Breast Cancer Action Proceeds in Pa. Federal Court on Defective Design Theory

HARRISBURG, Pa. — A Pennsylvania federal judge has declined to dismiss a design defect claim in an action alleging the recalled weight-loss drug Belviq caused a woman’s breast cancer, ruling the plaintiffs adequately alleged an alternative, feasible, safer design.

In a March 14 order, Judge Christopher C. Conner of the U.S. District Court for the Middle District of Pennsylvania also allowed the claims for breach of express warranty and negligent misrepresentation to proceed, ruling they are cognizable under state law.

However, the judge dismissed plaintiffs’ fraud-based claims, finding they are indistinguishable from and do not extend beyond their negligent …