Plaintiff May Amend Failure-To-Update Claims in Generic Cipro Case, Minn. Federal Judge Rules

MINNEAPOLIS — A Minnesota federal judge has granted fluoroquinolone makers’ motion for judgment on the pleadings in a Cipro (ciprofloxacin) case, ruling that while the plaintiff’s failure-to-update claims are not necessarily preempted, they were inadequately pled.

In a Nov. 4 order, Chief Judge John R. Tunheim of the U.S. District Court for the District of Minnesota granted the plaintiff leave to file an amended complaint within 30 days.

Jennifer Akman was prescribed Cipro or its generic equivalent, ciprofloxacin, in November 2013. She stopped taking the medication within 24 hours because of a severe adverse reaction, but says she continues to …