Design Defect, Warning Claims Dismissed in Ohio Exparel Injury Case

CINCINNATI — An Ohio federal judge has dismissed claims for design defect and failure to warn in a lawsuit targeting Pacira Pharmaceuticals Inc.’s anesthetic, Exparel, ruling they are preempted by federal law.

In an April 25 order, Judge Douglas R. Cole of the U.S. District Court for the Southern District of Ohio explained that the design defect claim is preempted because that it would have been a violation of FDA regulations for Pacira to make any changes to Exparel’s design post-approval.

The judge further found the plaintiff failed to identify any newly acquired safety information that would have allowed Pacira …