Morrison Mahoney Partner Arthur Liederman and Associate Nicole Battisti recently obtained a dismissal of a generic pharmaceutical drug manufacturer in the United States District Court for the Central District of Illinois.
The plaintiff alleged that she used the generic form of Levaquin (Levofloxacin) manufactured by our client and experienced severe adverse reactions including irreversible peripheral neuropathy. It was alleged that our client failed to warn about various risks of the drug, should have known the drug was unreasonably dangerous, negligently and fraudulently misrepresented information about the drug's indications and risks, and was responsible for conducting more extensive testing on the drug to enhance its safety profile.
In a pre-answer motion to dismiss we argued that plaintiff’s action was preempted by federal law. A generic pharmaceutical product must conform identically to the brand-name drug, adopting the same FDA-approved warning labels and proving to the FDA that the drug is bioequivalent to the brand-name drug. The court dismissed all causes of action against our client holding that all of plaintiff’s claims were preempted. The court reasoned that plaintiff's claims would require our client to either change the labeling / warnings or alter the chemical composition of the drug.
Our instruction emanated from the London insurance market. We now represent this insured in over ten lawsuits around the country.