Negligence Claims Proceed in Pa. Federal Hepatitis C Drug Action

PHILADELPHIA — A Pennsylvania federal judge has refused to dismiss claims for negligent design and manufacturing levied against the makers of the hepatitis C drug Harvoni, ruling the plaintiff adequately pled they failed to exercise reasonable care in the drug’s manufacturing or design processes.

However, in the July 12 order, Senior Judge Berle M. Schiller of the U.S. District Court for the Eastern District of Pennsylvania dismissed the claims for negligent failure to warn and strict liability, ruling they are barred under Pennsylvania law.

The plaintiff alleges Bruce DiCair was prescribed and began taking Harvoni in September 2017, and died …