STORY FROM: Drugs & Medical Devices

Del. Pradaxa Action Dismissed As Untimely Pursuant to Borrowing Statute

WILMINGTON, Del. — A Delaware judge has dismissed a Pradaxa injury action as untimely, ruling that the state’s two-year statute of limitations applies to the out-of-state’s plaintiff’s claims via Delaware’s Borrowing Statute.

On June 29, Judge Eric M. Davis of the U.S. District Court for the District of Delaware further held that the limitations period was not tolled by fraudulent concealment because the plaintiff did not specify how Boehringer Ingelheim Pharmaceuticals Inc. misrepresented the efficacy of Pradaxa.

Mirek Machala, a Washington D.C. resident, began taking Pradaxa on Jan. 1, 2013, to treat his atrial fibrillation. He suffered a stroke on ...

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Butler Snow
McCarter & English
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