Aug 15 2019

Courtroom Success 2019-22: Morrison Mahoney Partner Arthur Liederman Obtains the Dismissal of a Product Liability Pharma Action

Arthur Liederman and his team successfully obtained the dismissal of a product liability pharma action in the USDC Middle District of Tennessee. The court dismissed a complaint against our client Jubilant Cadista Pharmaceuticals in an action pertaining to the drug methylprednisolone. The drug allegedly caused the plaintiff to become increasingly erratic and irrational. She then attempted suicide by carbon monoxide poisoning. She remains in therapy and it is alleged that she may never regain cognitive function.

The plaintiff asserted that the drug was mislabeled and sought recovery under theories of product liability and negligence. The motion to dismiss argued that as a generic drug, an action against the manufacturer was preempted by federal law that assigns to the brand or innovator the obligation to draft and maintain, under FDA review, the substance of the label. In addition, the court agreed that Tennessee’s learned intermediary doctrine was a bar to a claim against a pharmaceutical manufacturer for failure to warn.

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