Ky. Federal Judge Allows Design Defect, Failure to Warn Claims to Proceed in Effient Hemorrhage Action

OWENSBORO, Ky. — Claims of design defect and failure to warn asserted in an Effient cerebral hemorrhage action may proceed against Eli Lilly & Co., a Kentucky federal judge has ruled, finding the plaintiff adequately alleged that the anti-clotting drug could cause life-threatening bleeding.

However, in the Feb. 10 order, Judge Joseph H. McKinley of the U.S. District Court for the Western District of Kentucky further found the plaintiff did not plead with the requisite sufficiency her claims of manufacturing defect, breach of implied warranty, negligent misrepresentation and Kentucky Consumer Protection Act claims.

The judge instructed the plaintiffs that if …