Ala. Federal Judge Allows Plaintiff to Amend Jardiance Failure-To-Warn Claims

BIRMINGHAM, Ala. — An Alabama federal judge has dismissed a lawsuit accusing Boehringer Ingelheim Pharmaceuticals Inc. of failing to warn that its type 2 diabetes drug Jardiance can cause diabetic ketoacidosis, explaining the plaintiff did not make it clear whether there was newly-available information that would require an updated warning label.

In a March 20 order, Chief Judge Karon Bowdre allowed the plaintiff to amend his failure-to-warn claims to allege that Boehringer should have used the Changes Being Effected process to modify Jardiance’s label after its approval and before his injury

In January 2015, Phillip McGee was prescribed Jardiance to …