Design Defect, Inadequate Warning Claims Survive Dismissal Motion in La. Invokana Case

NEW ORLEANS — A design defect claim asserted in an Invokana action is not preempted to the extent it seeks to impose liability for failing to adopt a safer, alternative design before seeking FDA approval, a Louisiana federal judge has ruled, explaining that federal law does not prevent drug makers from complying with that state-imposed duty.

In an Aug. 29 order, Judge Martin L.C. Feldman of the U.S. District Court for the Eastern District of Louisiana further held that the plaintiff has adequately pled her claim for inadequate warning.

Gloria Guidry says she suffered acute kidney injury and acute kidney …