Failure-To-Warn, Breach of Express Warranty Claims Survive Dismissal in Farxiga Action

ABERDEEN, Miss. — A claim that the makers of the type 2 diabetes drug Farxiga failed to adequately warn physicians of the risk of renal failure was adequately pled and survives the defendants’ motion to dismiss, a Mississippi federal judge has ruled.

However, in the Feb. 22 order, Judge Debra Brown of the U.S. District Court for the Northern District of Mississippi dismissed the claim to the extent it alleges inadequate warnings of ketoacidosis, finding the plaintiff failed to sufficiently plead that the defendants knew about the risk at the time they distributed Farxiga.

The judge also ruled that the …