Jan 6 2020

Arthur Liederman & Nicole Battisti Obtain Dismissal of an Action in the United States District Court for the District of Nevada

Morrison Mahoney Partners Arthur Liederman and Nicole Battisti, along with Associate Nicole Khalouian, obtained a dismissal of an action pending in the United States District Court for the District of a Nevada against our client for personal injuries arising from the use of our clients generic prescription medication Lamotrigine used to treat epilepsy. Allegedly as a result of using the medication the plaintiff was diagnosed with Toxic Epidermal Necrolysis, suffering blistering and loss of skin over 80 percent of her body, with neurological injuries and permanent blindness.

The court took judicial notice of the fact that the client’s product was a generic drug. Recognizing that the claim against our client could be reduced to a failure to warn, the court relied on the precedent cited in support of our motion and held that the claim was federally preempted. Therefore the action would be dismissed with prejudice. 

In addition the retail pharmacy had asserted a claim for indemnity. The court held that under either a comparative negligence or equitable indemnity theory there must be some way for the client to be found negligent. In light of the court’s holding that the plaintiff’s action was federally preempted, the pharmacy would have no entitlement to relief. 

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