Judge Says State Law Protopic Claims Don't Confer Federal Jurisdiction

EAST ST. LOUIS, Ill. - Allegations that a prescription skin cream caused a man's fatal non-Hodgkin's lymphoma do not involve federal questions substantial enough to warrant keeping the case in federal court, an Illinois judge has ruled. Lancaster, et al. v. Astellas Pharma Inc., No. 08-133 (S.D. Ill.).

Judge Michael J. Reagan of the U.S. District Court for the Southern District of Illinois ruled Sept. 23 that failure to warn and fraud claims asserted against Protopic manufacturer Astellas Pharma Inc. do not provide a basis for removal. Instead, the federal issues that arise as a result of the claims, and …