Ky. Judge Reinstates Failure-To-Warn Claims Against aaiPharma in Darvocet Case

COVINGTON, Ky. — A Kentucky federal judge has revived failure-to-warn claims against aaiPharma LLC in a propoxyphene injury case, finding an issue of fact as to whether the company was aware of the drug’s risks before it sold the Darvocet new drug application to another drug maker.

On March 1, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky reconsidered his earlier ruling dismissing the failure-to-warn claims and concluded the plaintiff adequately alleged he ingested Darvocet while aaiPharma still held the NDA.

Defendant aaiPharma moved for judgment on the pleadings in 50 cases pending …