Pradaxa Class Action Lawsuit Update
A Pradaxa class action lawsuit filed against Boehringer Ingelheim on behalf of Mark A. Jackson, a plaintiff from Louisiana, has been dismissed from federal court. The lawsuit alleged serious side effects as a result of the defendants’ medication, Pradaxa, which is a blood thinning drug intended to reduce the risk of stroke in patients with atrial fibrillation.
Jackson’s lawsuit was part of multidistrict litigation (MDL) No. 2385, which is currently proceeding in the U.S. District Court for the Southern District of Illinois under the direction of Judge David R. Herndon.
Complaint dismissed without prejudice
In an order dated July 18, 2013, Judge Herndon dismissed the class action allegations in Jackson’s complaint, finding them to be “so woefully deficient that dismissal is required” and that the allegations were “a mere recital of the elements… in an unidentified class.” The Pradaxa class action lawsuit allegations were dismissed without prejudice.
The order also agreed with the defendants’ assertion that the plaintiff’s case fell under the scope of the Louisiana Products Liability Act (LPLA) because Jackson claimed that the defendants, acting as a manufacturer, were responsible for his injuries. However, the judge found that many of the plaintiff’s claims were exclusive to the LPLA. Pursuant to this finding, Jackson’s non-LPLA claims were all dismissed.
The plaintiff may choose to amend his lawsuit and later continue to pursue class action status. However, the Judge voiced his opinion that it was “highly unlikely” the plaintiff would successfully meet the requirements for a statewide or nationwide class action. Jackson may continue to pursue individual claims of physical injuries. Specifically, the Judge will permit the claims of failure of the defendants to adequately warn of the risks of the medication, as well as the claim of defective design and promotion of Pradaxa.
Plaintiff alleged life-threatening injuries
According to the plaintiff’s original complaint, he was first prescribed Pradaxa in 2010. He began taking it in accordance with his healthcare professional’s directions. In February 2012, the plaintiff suffered a life-threatening bleeding problem. Jackson alleges ongoing and permanent physical injuries, along with emotional distress and mental pain and suffering. He sought compensatory damages for these injuries as well as his medical expenses.
The lawsuit claims that Jackson would never have taken Pradaxa if the defendants had adequately disclosed the potential for uncontrollable, life-threatening bleeding with Pradaxa. The plaintiff further contended that the defendants’ medication was defective in design because it lacked an antidote in the event of uncontrollable bleeding.
Pradaxa bleeding injury lawsuits consolidated in MDL
The plaintiff is hardly alone in his claims of physical injury. Pradaxa bleeding injury lawsuits have continued to pile up against Boehringer Ingelheim. To date, over 1,000 complaints have been filed in the multidistrict litigation under Judge Herndon, and the medication has only been on the market since late in 2010.
All of the plaintiffs in the MDL share common allegations and statements of fact. Like Mark Jackson, they allege life-threatening injuries as a result of the lack of an antidote. In hundreds of cases, patients have bled to death as an alleged result of Pradaxa. The first group of lawsuits in the MDL is scheduled to go to trial between August 2013 and February 2015.