Design Defect Claim Dismissed in Ill. Federal Generic Drug Action

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.