Va. Federal Judge Refuses to Dismiss Lawsuit Targeting Zoetis’ Horse Antibiotic

RICHMOND, Va. — A Virginia federal judge has refused to dismiss a lawsuit accusing Zoetis Inc. of failing to warn veterinarians that its equine antibiotic Excede can cause serious medical complications in horses, ruling the plaintiff has adequately pled her claims for design and manufacturing defect, and failure to warn.

Judge M. Hannah Lauck of the U.S. District Court for the Eastern District of Virginia also allowed the claims for breach of express and implied warranties to proceed, ruling they sound in tort, rather than contract, and were sufficiently pled.

Plaintiff Ashley Knapp alleges that after a veterinarian administered …