Judge Refuses to Revisit Dismissal of Motrin Claims

DALLAS - A Texas federal judge has refused to reconsider his decision to dismiss with prejudice marketing defect, negligence and breach of warranty claims brought in a Motrin wrongful death action, ruling that his ruling does not interfere with the application of Wyeth v. Levine. Lofton v. McNeil Consumer & Specialty Pharmaceuticals. No. 05-1335 (N.D. Texas).

On June 17, Judge Sam A. Lindsay of the U.S. District Court for the Northern District of Texas ruled that the U.S. Supreme Court's decision in Wyeth (129 S. Ct. 1187 [2009]) does not implicate the FDA's right to determine whether parties have committed …