Lawsuit Targeting AbbVie, Allergan’s Eyedrops Proceeds in Calif. Federal Court
October 13, 2023
LOS ANGELES — A federal judge refused to dismiss a lawsuit in which a woman alleges conjunctivitis eyedrops caused her to develop a life-threatening skin disorder, ruling there is evidence that AbbVie and Allergan could have changed the product’s warning label via the FDA’s Changes Being Effected regulation.
In a Sept. 25 order, Judge Fernando M. Olguin of the U.S. District Court for the Central District of California concluded that the claims for negligence, negligent failure to warn, and fraud are not preempted by the Food, Drug and Cosmetic Act.
Alicia Burton, an African American with a known allergy to …