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.
