9th Cir. Reinstates Beovu Case Against Novartis, Finds Claims Not Preempted

LOS ANGELES — A federal appeals panel has reinstated a lawsuit targeting Novartis Pharmaceutical Corp.’s macular degeneration drug Beovu, ruling the claims are not preempted because the plaintiff sufficiently pled the existence of “newly acquired information” that would have allowed the drug maker to strengthen its warnings pursuant to the Changes Being Effected process.

In a March 18 opinion, the 9th Circuit U.S. Court of Appeals panel further ruled the fraud claims were sufficiently pled to the extent they are based upon the drug’s label.

Raymond Rayes was injected with Beovu (brolucizumab), a human vascular endothelial growth factor (“VEGF”) inhibitor, …