Claims in Fentanyl Patch Case Inadequately Pled, Preempted, Texas Federal Judge Rules

DALLAS — A Texas federal judge has dismissed a wrongful death lawsuit filed against Mylan in connection with its transdermal fentanyl patch, ruling that the plaintiffs failed to adequately allege that the decedent’s death was caused by a defect in the patch and that their claims of failure to warn and design defect are preempted by federal law.

However, in a Dec. 1 order, Chief Judge Barbara M.G. Lynn of the U.S. District Court for the Northern District of Texas allowed plaintiffs to file an amended complaint to cure their claims based on a manufacturing defect and for breach of …