James v. Diva International, Inc.

ORDER ON DEFENDANT’S MOTION TO DISMISS

TANYA WALTON PRATT, District Judge.

This matter comes before the Court on Diva International Inc.’s (“Diva” or “Defendant”), Motion to Dismiss [Dkt. 15]. Plaintiff, Sarah James (“James” or “Plaintiff’) and her husband Gerrad James (collectively, “Plaintiffs”) filed suit in this Court alleging that a menstrual product manufactured by Defendant caused James to develop Toxic Shock Syndrome. Plaintiffs have alleged negligence and violations of two state statutes, Ind.Code §§ 34-20-4-1 and -2, for failure to warn and sale of a defective product. Diva filed the…