Failure-To-Update Claims in Generic Cipro Case Not Preempted, Minn. Federal Judge Rules

MINNEAPOLIS — A Minnesota federal judge has allowed a lawsuit accusing generic ciprofloxacin manufacturers of negligently failing to update their labels to warn of the risk of neuropathy to proceed, finding the claims are not preempted because they alleged a violation of state law that parallels federal regulations.

However, in the July 20 order, Chief Judge John R. Tunheim of the U.S. District Court for the District of Minnesota dismissed the plaintiff’s product liability claims as preempted, ruling they do not allege a violation of District of Columbia law.

In November 2013, Plaintiff Jennifer Akman began taking the antibiotic …