Drug Makers Denied Summary Judgment on Inadequate Warning Claims

DALLAS - A Texas federal judge has denied drug makers' motion for summary judgment on state-law failure-to-warn claims brought in a Motrin wrongful death action, finding issues of fact as to whether the claims are preempted by federal law. Lofton v. McNeil Consumer & Specialty Pharmaceuticals, et al., No. 3:05-1531 (N.D. Texas).

On Jan. 27, Judge Sam A. Lindsay of the U.S. District Court for the Northern District of Texas ruled that he could not determine whether the FDA would have changed the Motrin label to add warnings concerning Stevens-Johnson Syndrome and toxic epidermal necrolysis.

Representatives of the estate of …