LPLA Claims May Proceed Against Apothecon, Judge Rules

BATON ROUGE, La. - Metoclopramide injury claims brought under the Louisiana Products Liability Act may proceed against Apothecon Inc. because the complaint identifies the drug maker as a seller of the ingested drug, a Louisiana federal judge ruled June 25. Cooper v. Apothecon Inc., No. 09-929 (M.D. La.).

However, Judge James J. Brady of the U.S. District Court for the Middle District of Louisiana dismissed the claims brought under the Louisiana Unfair Trade Practices and Consumer Protection Law and the claims for fraud, negligence, misrepresentation, breach of implied warranty and punitive damages, ruling that they are barred by the LPLA. …