Texas Federal Judge Dismisses Lawsuit Against Makers of Popular Antibiotics

SAN ANTONIO, Texas — A Texas federal judge has dismissed a lawsuit alleging a link between certain popular antibiotics and a penis condition known as Peyronie’s disease, ruling that the plaintiff failed to overcome the presumption of no liability for labels approved by the Food and Drug Administration.

In a May 7 order, Chief Judge Orlando Garcia of the U.S. District Court for the Western District of Texas further ruled that federal law preempts the claims against the generic drug manufacturer defendants, and that the claims against the name brand defendants fail because the plaintiff did not take their products.