Opinion
Civil Action 21-5486
07-12-2022
LAUREN DICAIR, ADMINISTRATRIX OF THE ESTATE OF BRUCE G. DICAIR, Plaintiff, v. GILEAD SCIENCES, INC. et al., Defendants.
ORDER
Berle M. Schiller, J.
AND NOW, this 12th day of July, 2022, upon consideration of Defendants Gilead Sciences, Inc. and Asegua Therapeutics LLC's (“Gilead and Asegua”) Motion to Dismiss, Plaintiff Lauren DiCair's response thereto, and Gilead and Asegua's reply thereon, it is hereby ORDERED that the motion (ECF No. 3) is GRANTED in part and DENIED in part as follows:
• The motion is granted to the extent it concerns Plaintiff's strict liability claims and her negligent failure to warn claim.
• The motion is denied to the extent it concerns Plaintiff's negligent design and negligent manufacture claims.
It is FURTHER ORDERED that Defendants Gilead Science, Inc. and Gilead Pharmassett LLC are DISMISSED from this action and that the caption be modified accordingly.