Negligence Claim in Celebrex Case preempted, N.C. Federal Judge Rules
February 5, 2024
ASHEVILLE, N.C. — A North Carolina federal judge has dismissed a Celebrex kidney disease case, ruling the negligence claim is preempted to the extent the plaintiff alleges Pfizer Inc. should have withdrawn the drug from the market, noting the U.S. Supreme Court has rejected that theory.
In a Jan. 22 order, Chief Judge Martin Reidinger of the U.S. District Court for the District of North Carolina further ruled the plaintiff’s negligent failure-to-warn claim was inadequately pled.
Pro se plaintiff Barbara Beaver was prescribed Celebrex in 2005 to treat her arthritis. In 2020, she was diagnosed with stage 3 kidney disease, …