Elidel/Protopic Cases Remanded to New Jersey State Court

TRENTON, N.J. - A federal judge has remanded three Elidel/Protipic cases to New Jersey state court, ruling that the punitive damage claims do not raise federal issues warranting federal jurisdiction. Haggerty v. Novartis Pharmaceuticals Corp., Nos. 09-0946, 08-0854, 07-2863, 08-0855.

On Dec. 15, Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey ruled that resolution of Plaintiffs' fraud-on-the-FDA allegations will not dispose of the case.

In 2000, Astellas Pharma Inc. received approval from the Food and Drug Administration approval for Protopic. In 2001, Novartis AG received FDA approval for Elidel. Both drugs were prescribed …