Elidel Suit Remanded for Lack of 'Substantial Federal Question'

CAMDEN, N.J. - A New Jersey federal judge has remanded to state court an Elidel injury action, ruling that the plaintiff's state-law claim for punitive damages does not raise a "substantial, disputed and necessary federal question." Devine v. Novartis Pharmaceuticals Corp., No. 08-859 (D. N.J.).

On Oct. 19, U.S. District Judge Joseph H. Rodriguez further ruled that allowing the claim to be heard in federal court would disrupt the balance between federal and state judicial responsibilities.

Roderick Devine sued Novartis, alleging that his use of Elidel caused his malignant melanoma. Devine was prescribed Elidel in 2004 for treatment of his …