MDL Judge Says Claims in Taxotere Eye Injury Case Barred Under Texas Law

NEW ORLEANS — A Louisiana federal judge has dismissed a Taxotere eye injury action, ruling that the plaintiff’s remaining claims for failure to warn and negligence are barred by Texas law, which provides “a complete statutory defense against liability for FDA-approved labels.”

In an Aug. 15 order, Judge Jane T. Milazzo of the U.S. District Court for the Eastern District of Louisiana ruled that the plaintiff cannot rebut the presumption against liability by invoking the “fraud-on-the-FDA” exception because it is preempted by the Food, Drug and Cosmetic Act.

Hospira manufactures an unbranded version of Taxotere (docetaxel), developed by Sanofi …