STORY FROM: Drugs & Medical Devices
Del. Farxiga Injury Action Dismissed for Failure to State a Claim
April 14, 2020
WILMINGTON, Del. — A Delaware judge has dismissed a Farxiga action, ruling that the plaintiff failed to overcome the presumption that AstraZeneca’s warnings, which were approved by the Food and Drug Administration, were adequate as a matter of law.
In a March 2 order, Judge Sheldon K. Rennie of the Delaware Superior Court further held that the defective design claim is defeated by comment k Second Restatement of Torts which states that a drug that is "properly prepared, and accompanied by proper directions and warning, is not defective, nor is it unreasonably dangerous."
Viola Kumaritakis was prescribed Farxiga in October ...