Federal Taxotere MDL Judge Certifies Preemption Ruling for Appeal

NEW ORLEANS — The judge overseeing the Taxotere permanent hair loss MDL has certified for appeal an order in which she ruled that failure-to-warn claims asserted against the generic drug manufacturers are not preempted because there was “newly acquired evidence” supporting a label change under the FDA’s “Changes Being Effected” process.

On Nov. 14, Judge Jane T. Milazzo of the U.S. District Court for the Eastern District of Louisiana explained there is substantial ground for disagreement as to whether “newly acquired information” is as narrow as the generic defendants assert, or whether it is as the FDA stated in its …