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In a surprising turn of events, a Louisiana federal judge, James Cain Jr., has dealt a blow to the ongoing legal battle involving pharmaceutical giant Novo Nordisk Inc. and plaintiff Jaclyn Bjorklund. The judge has revoked the woman's right to amend her breach of express warranty claim, stating that her 30-day window for strengthening her case has elapsed.

Breach of Express Warranty Claim Denied

Following a recent ruling where Judge Cain largely denied Novo Nordisk's attempt to dismiss claims made by Bjorklund, who alleged developing gastroparesis after prolonged use of diabetes drug Ozempic, the latest decision is a setback for the plaintiff.

Despite acknowledging the severity of Bjorklund's health issues, the judge sided with Novo Nordisk on the breach of express warranty claim. He emphasized that general allegations regarding the drug's safety were insufficient to establish a specific warranty breach under Louisiana law.

Unraveling the "Learned Intermediary Doctrine"

Novo Nordisk had argued that the "learned intermediary doctrine" applied, contending that their duty to warn was solely to the physicians. However, Judge Cain countered this, pointing out that Bjorklund's complaint suggests the warnings provided were inadequate even for her physicians. The judge asserted that if physicians were aware of the gastroparesis risk, they might not have prescribed the drug in the first place.

According to Judge Cain, details about when Bjorklund started taking the drug or when symptoms developed are subjects for discovery, and he deemed them more suitable for a summary judgment motion.

Novo Nordisk Gets Ozempic Warranty Claim : A Complex Legal Landscape

Interestingly, last month, Judge Cain also rejected Eli Lilly & Co.'s attempt to dismiss similar claims from Bjorklund. The court found that her claims were not preempted by federal regulation at this stage of the litigation. Just like Novo Nordisk, Eli Lilly & Co. faces allegations of failing to adequately warn about the risks associated with Mounjaro, another diabetes drug.

Novo Nordisk Gets Ozempic Warranty Claim : Silence from Counsel

As the legal drama unfolds, representatives for Novo Nordisk, Eli Lilly & Co., and Jaclyn Bjorklund did not immediately respond to requests for comment on the recent developments.

Bjorklund is represented by Rene F. Rocha, T. Michael Morgan, Paul J. Pennock, Jonathan M. Sedgh, and Josh Autry of Morgan & Morgan.

Novo Nordisk is represented by E. Paige Sensenbrenner and Diana Cole Surprenant of Adams & Reese LLP and Loren Brown of DLA Piper LLP.

Eli Lilly & Co. is represented by Christopher P. Ieyoub of Plauche Smith & Nieset LLC and James F. Hurst PC, Renee D. Smith, and Diana M. Watral of Kirkland & Ellis LLP.