PHILADELPHIA (CN) - A man who says taking Prevacid weakened his bones until he broke his hip can sue the makers of the heartburn reliever, a federal judge ruled.
In a March 2012 complaint against Takeda Pharmaceuticals and Abbot Laboratories, David Tatum said that he needed total hip replacement surgery after taking Prevacid.
He denies having experienced abnormal hip pain before taking the drug, and says that Takeda and Abbott knew but concealed Prevacid risks.
The drugmakers moved to dismiss most of Tatum's 14 causes of action, as well as his demand for punitive damages.
But U.S. District Judge Jan Dubois upheld the bid for punitive damages and refused last week to dismiss claims of negligent misrepresentation, breach of warranty, strict product liability for manufacturing defect, fraudulent concealment and unfair trade practices.
The nine-page order grants with prejudice the motion to dismiss counts of equitable tolling of applicable statute of limitations, strict product liability for defective design, failure to warn, and unjust enrichment.
Explaining why Tatum has a case for product liability based on manufacturing defect, but not strict product liability, Dubois said that the "claims are not cognizable under Pennsylvania law to the extent they are based on a design defect or failure to warn, but are permissible if based on manufacturing defect or any other theory."
Dubois added that Tatum unnecessarily complicated the case with redundant claims.
"At the preliminary pretrial conference, the court will address narrowing the scope of the issues presented," Dubois wrote.
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