Austin v. Boehringer Ingelheim Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN AUSTIN, Case No. 3:21-cv-10069-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v.
BOEHRINGER INGELHEIM
PHARMACEUTICAL INC.,
11 Defendant.
12 This case involves a prescription anticoagulant medication, Pradaxa (dabigatran). Pro se plaintiff John Austin’s wife, Lisa Austin, was prescribed Pradaxa, took it, and later developed interstitial lung disease and died. Dkt. No. 42 at 2. Defendant Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI) is “responsible for the drug [Pradaxa] in the United States.” Dkt. No. 46 at 1. Austin alleges that BIPI’s label for Pradaxa “does not warn of the association with” interstitial lung disease, and that BIPI “was obligated to give such warning under FDA rules and California law.” Dkt. No. 42 at 3. BIPI asks to dismiss Austin’s second amended complaint (SAC). Dkt. No. 46. The parties’ familiarity with the record is assumed, and dismissal is denied. LEGAL STANDARDS The standards for a motion to…