STORY FROM: Drugs & Medical Devices

10th Cir. Upholds Dismissal of Lawsuit Involving Mylan’s Generic Accutane, Says Claims Preempted

DENVER — A federal appeals court has upheld dismissal of an action accusing Mylan Pharmaceuticals Inc. of failing to warn of the risks posed by its generic version of the acne drug Accutane, agreeing with the trial court that federal law preempts the failure-to-warn claims.

On July 13, the 10th Circuit U.S. Court of Appeals rejected the plaintiff’s argument that her "failure to update" claim is not preempted, finding she failed to advance such a claim in her complaint.

Carmen Watson was allegedly injured by Mylan’s Amnesteem, an FDA-approved generic version of Accutane. She filed a pro se complaint ...

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