While the court granted the defendants’ motion on the claims that alleged defective design and failure to warn premised on product labeling, Senior District Judge William G. Young ruled that the claims pertaining all failure to warn premised on reports to the FDA and all failure-to-monitor claims can proceed. Young reasoned that dismissal would be premature given unsettled Massachusetts law and that Pietrantoni plausibly alleged that the defendants breached their voluntarily assumed duty to monitor her health while taking the medication, the opinion said.

       

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