STORY FROM: Drugs & Medical Devices

8th Cir. Upholds Summary Judgment Award to Mirapex Maker in Compulsive Gambling Case

MINNEAPOLIS — A federal appeals court has upheld an award of summary judgment to Boehringer Ingelheim Pharmaceuticals Inc. in a Mirapex compulsive gambling case, finding the claims are time-barred under California’s two-year statute of limitations.

In a Jan. 10 opinion, the 8th Circuit U.S. Court of Appeals concluded that the undisputed evidence does not establish that the plaintiff was rendered “insane” by the Parkinson’s drug; therefore the statute of limitations was not tolled.

The appellate court also rejected the plaintiff’s argument that each ingestion of Mirapex gave rise to a separate and distinct claim. The plaintiff failed to identify ...

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Bahe Cook Cantley & Jones
Nilan Johnson Lewis
Venable

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