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In re: Farxiga (Dapagliflozin) Prods. Liab. Litig.

Plaintiffs Plead Exception to Texas Law Over Drug's Promotion to Treat Off-Label Condition

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OPINION AND ORDER

*1 Plaintiffs Chaim Aron, Cherie Perez and Arquimedes Ponce each sued Defendants Bristol-Myers Squibb Co., AstraZeneca LP, and AstraZeneca Pharmaceuticals LP under Texas law, alleging that they developed diabetic ketoacidosis as a result of taking Farxiga, an FDAapproved prescription medication for the treatment of type 2 diabetes. Defendants filed a consolidated motion to dismiss Plaintiffs’ Amended Complaints (the “Complaints”) under Federal Rule of Civil Procedure 12(b)(6). Defendants’ motion is denied.I. BACKGROUNDThe following alleged facts are drawn from the Complaints¹ and are accepted as true for the purpose of this motion. The facts are construed, and all reasonable inferences are drawn, in favor of Plaintiff as the non-moving party. See Trs. of Upstate N.Y. Eng’rs Pension Fund v. Ivy Asset Mgmt., 843 F.3d 561, 566 (2d Cir. 2016).

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