Plaintiffs Fail to Overcome Presumption of Liability in Del. Farxiga Action

WILMINGTON, Del. — A Delaware judge has dismissed a lawsuit targeting AstraZeneca’s diabetes drug Farxiga, ruling that the plaintiff failed to overcome the presumption of liability because his doctor prescribed the drug for an approved use, as well as an off-label use.

In an April 5 order, Judge Sheldon K. Rennie of the Delaware Superior Court concluded the plaintiff could not establish causation because they cannot prove that the alleged injuries were caused by his off-label use of Farxiga for weight loss, as opposed to his FDA approved use of Farxiga to treat his Type 2 diabetes.

However, the judge …