Cacchillo v. Insmed Inc.

DECISION & ORDER

THOMAS J. McAVOY, Senior District Judge.

I. INTRODUCTION

Plaintiff commenced this action asserting claims pursuant to 42 U.S.C. § 1983 and New York State common law following her participation in a phase II clinical trial of Defendant’s investigational drug IPLEXtm (“IPLEX”). Defendant now moves to dismiss the action on various grounds. Plaintiff has opposed the motion.

II. BACKGROUND

The general background of this case has been set forth by this Court in its decision on Plaintiffs motion for a preliminary injunction, see Oct. 25, 2010 Dec. & Ord., dkt. # 23, and by the Second…