Blouin v. Johnson & Johnson
2:17-cv-00042
S.D. Miss.Nov 1, 2017Background
- Plaintiffs sued Johnson & Johnson/Janssen and AbbVie/Abbott in a wrongful-death/product-liability action alleging their son died from use of a defendant-manufactured drug (death on March 26, 2013).
- Plaintiffs asserted multiple claims: wrongful death, negligence (including gross negligence), strict products liability, breach of express and implied warranty, fraud, unjust enrichment, RICO, False Claims Act (FCA), and Mississippi Consumer Protection Act (MCPA).
- Defendants each filed Rule 12(b)(6) motions to dismiss; plaintiffs did not respond.
- Defendants argued most claims are subsumed by the Mississippi Products Liability Act (MPLA) and time-barred by the three-year limitations period; they also asserted failure-to-plead and statutory-prerequisite defects for several non-MPLA claims.
- The court accepted well-pleaded factual allegations as true but dismissed conclusory or formulaic recitals; it granted both motions in full and ordered dismissal of the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| MPLA subsumption / statute of limitations for product-liability and related tort claims | Claims (negligence, strict liability, warranties, fraud) arise from product use and are timely or actionable | MPLA subsumes those claims; MPLA imposes a 3-year statute of limitations that accrued at decedent's death (Mar 26, 2013) | Dismissed: MPLA subsumes claims; they accrued at death and suit (Mar 24, 2017) was untimely |
| Wrongful death limitations | Wrongful death is separately viable | Limitations governed by underlying tort (here MPLA/product claims) | Dismissed as time-barred for same reasons as MPLA claims |
| Unjust enrichment | Plaintiffs seek quasi-contractual recovery | Plaintiffs failed to plead a direct relationship, a promise, or that defendants hold funds rightfully belonging to plaintiffs | Dismissed for failure to plead elements plausibly |
| RICO | Plaintiffs alleged patterns causing injury | RICO requires injury to business or property; personal injury insufficient | Dismissed: plaintiffs alleged only personal injury/wrongful death, not business/property injury |
| False Claims Act | Plaintiffs alleged fraud in promotion and false statements | FCA requires a false claim presented to the government; fraud alleging scheme must meet Rule 9(b) particularity | Dismissed: no allegation of false claims submitted to government; promotional statements insufficient under FCA and Rule 9(b) |
| Mississippi Consumer Protection Act (MCPA) | Plaintiffs invoked MCPA/Deceptive Trade Practices theory | Private MCPA suits require prior attempt to resolve claim through AG-approved informal dispute settlement program | Dismissed: plaintiffs failed to plead compliance with statutory prerequisite |
| Breach of express warranty | Plaintiffs asserted express-warranty theory | Must plead specific affirmations that formed basis of purchase | Dismissed: no specific statements alleged to have formed basis for purchase |
| Fraud (state-law) | Plaintiffs alleged fraudulent marketing/representations | Fraud claims must meet Rule 9(b): time, place, content, identity, and what was obtained | Dismissed: plaintiffs failed to plead fraud with required particularity |
Key Cases Cited
- Great Lakes Dredge & Dock Co. LLC v. La. State, 624 F.3d 201 (5th Cir. 2010) (plausibility standard for Rule 12(b)(6))
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (legal conclusions must be supported by factual allegations)
- Lincoln Elec. Co. v. McLemore, 54 So. 3d 833 (Miss. 2010) (accrual/discovery rule for Mississippi causes of action)
- Elliott v. El Paso Corp., 181 So. 3d 263 (Miss. 2015) (scope of Mississippi Products Liability Act)
- Hughes v. Tobacco Ins., Inc., 278 F.3d 417 (5th Cir. 2001) (RICO requires injury to business or property)
- Reiter v. Sonotone Corp., 442 U.S. 330 (U.S. 1979) (personal injury not compensable under RICO)