Design Defect Claim Dismissed in Ill. Federal Generic Drug Action



DOCUMENTS
  • Order


CHICAGO — An Illinois federal judge has dismissed a design defect claim against Teva Pharmaceuticals USA Inc. in a lawsuit involving the generic drug methylprednisolone acetate, ruling it is preempted because it would have required Teva to redesign the drug or change its labeling.

In an Oct. 23 order, Judge Virginia M. Kendall of the U.S. District Court for the Northern District of Illinois explained it would be impossible for Teva to comply with a state law duty to unilaterally change the design of the generic drug, while also complying with its federal duty to keep the design the same.






UPCOMING CONFERENCES




HarrisMartin's New Jersey Asbestos Litigation Conference

February 09, 2022 - New Brunswick, NJ
Hyatt Regency New Brunswick

MORE DETAILS



HarrisMartin’s Webinar Series: Infant Formula & Necrotizing Enterocolitis (NEC) Litigation

January 11, 2022 - None, None
None

MORE DETAILS