Bekins

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

On November 3, 2016, Plaintiff Cindi Bekins filed this product liability action against Defendants AstraZeneca Pharmaceuticals LP and AstraZeneca LP, which Defendants subsequently removed to this Court. See Doc. No. 1. On December 23, 2016, Defendants AstraZeneca Pharmaceuticals LP and AstraZeneca LP filed a motion to dismiss Plaintiffs Complaint, in part arguing that Plaintiffs action is barred by the applicable statute of limitations. For the following reasons, the Court agrees that Plaintiff fails to allege that this action is timely, and GRANTS Defendants’ motion to dismiss.

Background

Plaintiff alleges Defendants manufactured “Nexium and/or other Nexium branded products and PPIs.” Compl. ¶ 14. She alleges she “ingested Nexium and/or other Nexium branded products and PPIs 1 from approximately 2003-2016,” and never took more than the recommended dosage, per the label and packaging of the products. Compl. ¶ 13. Plaintiff alleges she “suffered Acute Kidney Failure in approximately 2011,” which she claims was caused by her use of Defendants’ drugs. Compl. ¶¶ 12, 14. Based on these allegations, Plaintiff asserts causes of action for…