Ill. Federal Judge Allows Claims Based on Alleged FDCA Violations to Proceed in Pradaxa Case

BENTON, Ill. — An Illinois federal judge has refused to dismiss claims against Boehringer Ingelheim Pharmaceuticals Inc. (BIPI) in a Pradaxa suit based on alleged violations of the Food, Drug and Cosmetic Act, finding the plaintiff did not bring suit under the act, but rather asserted independent law claims.

On Jan. 11, Chief Judge David R. Herndon of the U.S. District Court for the Southern District of Illinois also dismissed design defect and breach of implied warranty claims brought by the California plaintiffs, finding they are barred by California law.

This five-plaintiff Pradaxa action was originally filed in the San …