5th Cir. Refuses to Reinstate Antibiotics Action, Says Claims Preempted

SAN ANTONIO, Texas — The 5th Circuit U.S. Court of Appeals has refused to reinstate a Texas man’s lawsuit alleging that his ingestion of certain antibiotics caused him to develop a penis condition known as Peyronie’s disease.

In a Feb. 5 opinion, the appellate panel affirmed that the plaintiff failed to overcome the presumption of no liability for labels approved by the Food and Drug Administration, and that federal law preempts the claims against the generic drug manufacturer defendants.

Ramon D. Johnson 11 took minocycline and carbamazepine in April 2013, October 2014 and September 2017. He told his doctors that …