Luey v. Sterling Drug, Inc.

FOX, District Judge.

This is an action for damages due to macular degeneration of plaintiff Jean Luey’s eyes, allegedly caused by continued use of defendant’s drug, Aralen, a brand of chloroquine phosphate.

Count I claims breach of warranty, both express and implied.

Count II alleges negligence by reason of inadequate testing of the drug by defendant, lack of due care in such testing, failure to warn of dangerous side effects, inadequate labeling, failure to maintain a continuing check on literature regarding the safety of said drug, and failure to have a proper new drug application or amended…