STORY FROM: Drugs & Medical Devices

Claim Preclusion Bars Generic Accutane Action, Kan. Federal Judge Rules

July 24, 2019

KANSAS CITY, Kan. — Claim preclusion bars a second lawsuit filed by a woman alleging injuries from generic Accutane because it arises from the same transaction at issue in the first action, and the defendants are in privity with one another, a Kansas federal judge has ruled.

In a July 18 order, Judge Carlos Murguia of the U.S. District Court for the District of Kansas further found the claims are time-barred because the plaintiff had an actionable injury more than two years before the instant action was filed.

Carmen Watson was allegedly injured by Mylan’s Amnesteem, an FDA-approved generic version ...

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