Federal Tort Claims Act Shields Government Healthcare Workers From Malpractice Claims, 7th Cir. Affirms

CHICAGO — A federal appeals court has upheld the dismissal of malpractice claims asserted against healthcare providers in a generic Zyloprim action, ruling that because they were acting within the scope of their employment at a federally funded clinic, they are shielded from liability under the Federal Tort Claims Act.

In a Feb. 3 opinion, the 7th Circuit U.S. Court of Appeals further upheld the dismissal of claims against Qualitest Pharmaceuticals Inc., holding that they are preempted because federal law prevents generic drug makers from unilaterally changing the design or labeling of their products.

In July 2011, Michael Houston visited …