Plaintiff Allowed to Amend Generic Dilantin Claims

MINNEAPOLIS - A federal judge has dismissed a generic Dilantin injury complaint, ruling that it is comprised of common law product liability claims which are only valid under Ohio law if they accured before April 7, 2005. Gainer v. Mylan Bertek Pharmaceuticals Inc., et al., No. 09-690 (D. Minn.).

In a Jan. 11 order, Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota allowed plaintiff Bernice Gainer to amend her complaint to include allegations as to when she first became aware of a connection between her alleged injuries and the drug.

Mylan Bertek Pharmaceuticals, Inc. …