Failure-To-Warn, Negligence Claims to Proceed in Tenn. Federal Jardiance Action

MEMPHIS, Tenn. — A plaintiff has adequately alleged that type 2 diabetes drug Jardiance is defective because its label did not warn her doctor that diabetic ketoacidosis (DKA) was a possible side effect, a Tennessee federal judge has ruled.

In a Nov. 21 order, Chief Judge S. Thomas Anderson of the U.S. District Court for the Western District of Tennessee found the plaintiff sufficiently pled that information acquired after Jardiance was approved existed, such that Boehringer Ingelheim Pharmaceuticals Inc. (BIPA) should have changed the label through the Changes Being Effected process.

Melissa Mitchell alleges she developed DKA after she took …