Ohio Federal Exparel Injury Case Dismissed as Preempted

CINCINNATI — An Ohio federal judge has dismissed with prejudice a lawsuit targeting Pacira Pharmaceuticals Inc.’s anesthetic, Exparel, ruling the claims are preempted by federal law because the plaintiff impermissibly sought to enforce the Food, Drug and Cosmetic Act.

In an Aug. 18 order, Judge Douglas R. Cole of the U.S. District Court for the Southern District of Ohio further found that the plaintiff failed to identify any newly acquired safety information that would have allowed Pacira to change the drug’s warning label via the FDA’s Changes Being Effected process.

Julie Brashear had her left shoulder surgically replaced and following …