Design Defect, Express Warranty Claims to Proceed in La. Eliquis Blood-Thinner Action

NEW ORLEANS — A Louisiana federal judge has refused to dismiss design defect and breach of express warranty claims asserted in an Eliquis action, finding the plaintiff plausibly alleged there is a safer alternative design of the drug and that defendants made false representations regarding Eliquis in marketing materials.

In an Oct. 14 order, Judge Lance M. Africk of the U.S. District Court for the Eastern District of Louisiana also granted the plaintiff leave to amend his failure-to-warn claim to allege that his doctor would not have prescribed Eliquis had a stronger warning been provided.

Lee Huffman alleges that his …