Drug Plaintiff Questions Preemptive Effect of 2006 Rule on 2004 Injury

CHICAGO - A plaintiff who claims she suffered a neurological injury in 2004 after taking a generic heartburn drug is challenging a defense motion for summary judgment, claiming that a recent FDA rule does not preempt her failure to warn products liability claim. Miller v. Purepack Pharmaceutical Co., et al., No. 06-3801 (N.D. Ill.).

In her Nov. 3 response filed in the U.S. District Court for the Northern District of Illinois, Sheilla Miller contends that a 2006 final FDA rule, which defendant Purepack Pharmaceutical says favors preemption of Miller's claim, should not preempt her Illinois-based tort claim based upon an …