Claim Based on Alleged Failure to Provide Medication Guide Not Preempted, Wis. Federal Judge Rules

MADISON, Wis. — Negligence per se claims based on a generic drug maker’s alleged failure to provide medication guides to a plaintiff’s pharmacy are not federally preempted because it is a tort law claim grounded in failure to warn, rather than fraud on a federal agency, a Wisconsin federal judge has ruled.

In an Aug. 23 order, Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin referred to case state law providing that a drug manufacturer’s violation of the medication guide requirements could constitute negligence per se in Wisconsin.

Shirley Johns’ death was allegedly …