Ridenour, et al. v. Boehringer Ingelheim Pharmaceuticals, Inc., et al., No. 11-2606 (8th Cir. 2012)
Annotate this CasePlaintiff filed suit against BIP alleging tort claims based upon BIP's marketing and sales of pramiprexole, a drug commonly prescribed as Mirapex. Plaintiff took Mirapex from 2002 to 2007 to treat symptoms of Restless Leg Syndrome. Plaintiff alleged that his use of Mirapex caused compulsive behaviors, such as gambling and hypersexuality. BIP moved for summary judgment, which the district court granted and plaintiff subsequently appealed. The court held that the district court correctly determined that plaintiff's claims accrued as of October 2007, and thus the statute of limitations period began to run at that time; with the exception of the strict liability claim, the court did not need to address plaintiff's argument that longer statute of limitations periods applied because he waived this argument on two occasions; and Nevada's two-year personal injury statute of limitations period applied to the strict liability claim. Accordingly, the court affirmed the judgment.
Court Description: Civil case - products liability. District court did not err in concluding that plaintiff's claims regarding the effects of the drug Mirapex accrued in October, 2007 when he learned of a possible link between the drug and compulsive behaviors; plaintiff waived his right to argue that a longer statute of limitations should apply to his claims when he did not raise this argument before the magistrate judge and failed to appeal the district court's waiver ruling; district court did not err in finding plaintiff's strict liability claim was barred by Nevada's two-year statute of limitations for personal injury.
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