STORY FROM: Drugs & Medical Devices

Warning Claim Against Generic Epilepsy Drug Maker Preempted, Nev. Federal Judge Rules

RENO, Nev. — A Nevada federal judge has dismissed as preempted a failure-to-warn claim asserted against the maker of a generic epilepsy drug, noting that the defendant is barred by federal law from changing the drug’s label to add additional warnings.

On Dec. 27, Judge James Mahan of the U.S. District Court for the District of Nevada ruled that a direct conflict exists between the plaintiff’s state-law tort cause of action for failure to warn and federal law governing the labeling of generic drug products.

Devra Haney-Williams was prescribed Lamotrigine, manufactured by Jubilant Cadista Pharmaceuticals, to be taken daily ...

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Alverson Taylor & Sanders
Morrison Mahoney
Stovall & Associates

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