Mancini v. Boehringer Ingelheim Pharmaceuticals, No. 17-2204 (8th Cir. 2019)
Annotate this CasePlaintiff filed suit against pharmaceutical companies, alleging that they were liable for substantial gambling and other financial losses that resulted from obsessive compulsive behavior, a side effect of taking a dopamine agonist called Mirapex for his Parkinson's disease. The Eighth Circuit affirmed the district court's grant of summary judgment dismissing all claims as barred by the applicable California statute of limitations. The court rejected plaintiff's contention that the statute should be tolled because he was insane when the cause of action accrued; rejected plaintiff's contention that each ingestion of the drug gave rise to a separate and distinct claim under the continuing violations doctrine; and held that the district court did not abuse its discretion in denying a motion to stay defendants' motion for summary judgment.
Court Description: Loken, Author, with Smith, Chief Judge, and Gruender, Circuit Judge] Civil case - Products liability. In action against the manufacturers of Mirapex, a dopamine agonist used to treat Parkinson's disease, alleging the should be liable for substantial gambling and other financial losses that resulted from obsessive compulsive behavior, a side effect of taking Mirapex, the district court did not err in determining the claims were barred by the applicable two-year California statute of limitations; argument that the statute was tolled because plaintiff was insane when the cause of action accrued rejected on this record; argument that each ingestion of the drug gave rise to a separate and distinct claim under the continuing violations doctrine rejected; the district court did not abuse its discretion in denying plaintiff's motion to stay defendants' motion for summary judgment pending further discovery.
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