Pa. Law Bars Non-Negligence Claims Filed Against Jardiance Makers, Federal Judge Rules

PITTSBURGH - Pennsylvania law bars all non-negligence claims asserted against the makers of type 2 diabetes drug Jardiance, a federal judge has ruled, citing Hahn v. Richter, in which the state high court held that negligence is the "only" recognized basis of liability in prescription drug cases.

However, in the Feb. 15 order, Chief Judge Joy Flowers Conti of the U.S. District Court for the Western District of Pennsylvania also dismissed without prejudice the plaintiff's negligence and fraud-based claims, finding they do not meet federal pleading standards. The judge allowed the plaintiff to re-plead those claims with the requisite specificity.