Judge Allows 3 Liability Claims Against Invokana

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A Louisiana federal court says that three state liability claims against Janssen over its diabetes drug Invokana may proceed toward trial. The judge ruled in a case brought by a woman who claims the drug caused her kidneys to fail. Her initial suit was dismissed for lack of specificity, but she was given the opportunity to amend her complaint and the court ruled on the amended complaint.

The suit claims that Invokana overworks a patient’s kidneys because the drug eliminates excess blood sugar through urination rather than through reabsorption. It cited five alleged defects: composition or construction, design, failing to provide adequate warning, breach of express warranty, and because it is either useless or so inconvenient that a knowing buyer would not have purchased it. Janssen responded that the suit still did not contain sufficient facts or, alternatively, was preempted by federal law. (Mitsubishi Tanabe Pharma defendants won dismissal of claims against them for lack of jurisdiction because there was no connection alleged between the company that co-developed Invokana with Janssen and Louisiana.)

The court dismissed the composition or construction claim and the breach of express warranty claim, but said that on the remaining three claims, the plaintiff had presented sufficient facts to warrant allowing them to go forward. The court also determined that these claims were not preempted by federal law.

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