Failure-To-Warn, Negligent Design Claims in Generic Bactrim Case Preempted, Idaho Federal Judge Rules

BOISE, Idaho — Failure-to-warn, design defect and negligent manufacture claims brought against Amneal Pharmaceuticals by a man who claims its generic version of Bactrim caused him to develop Stevens-Johnson Syndrome are federally preempted, an Idaho federal magistrate judge has ruled.

On Dec. 31, Magistrate Judge Candy W. Dale of the U.S. District Court for the District of Idaho also dismissed the plaintiff’s breach of warranty claims due to lack of privity. However, the judge allowed the plaintiff to amend his negligent manufacture claim.

George Wilson sued Amneal Pharmaceuticals on April 12, alleging that its generic equivalent of the antibiotic Bactrim …