Claims Targeting Generic Prednisone Preempted, N.Y. Federal Judge Rules
September 28, 2023
NEW YORK — A New York federal judge has dismissed a lawsuit in which a woman alleged her ingestion of Actavis Generics’ prednisone caused her to develop a functional movement disorder, ruling the claims are preempted by federal law.
On Sept. 27, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York agreed with a magistrate judge that Actavis is barred by federal law from unilaterally changing the generic drug’s warning label or design, which is what the plaintiff sought in her pleading.
Pro se plaintiff Nivedita Kulkarni alleged that from April 25 to …