High Court Denies Review of Amiodarone Wrongful Death Case

WASHINGTON, D.C. — The U.S. Supreme Court has refused to review an appellate court’s dismissal of a generic amiodarone wrongful death action in which the deceased’s widow accused Upsher-Smith Laboratories Inc. of failing to ensure that a Medication Guide accompanied the prescription.

The high court denied the widow’s petition for certiorari on Oct. 5, letting stand the appellate court’s determination that the failure-to-warn claims are impliedly preempted.

Upsher-Smith manufactures a generic form of the prescription drug amiodarone hydrochloride, which the Food and Drug Administration approved as a drug of last resort for patients suffering from life-threatening heartbeat irregularities known as …