STORY FROM: Drugs & Medical Devices

Amiodarone Failure-To-Warn Case to Proceed in Texas Federal Court

HOUSTON — An amiodarone injury case will proceed in Texas federal court against Teva Pharmaceuticals USA Inc. and other drug makers because the claims are not impliedly preempted, nor are they barred by the learned intermediary doctrine, a Texas federal judge has ruled.

In a July 31 order, Judge Gray H. Miller of the U.S. District Court for the Southern District of Texas explained that state law claims accusing a drug maker of failing to provide a Medication Guide “parallel” federal law, and are therefore not preempted. The judge further held that because the drug makers allegedly failed to provide ...

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