Negligence Claims Dismissed Against Pharmacy in Pain Patch Case

NEW YORK - A New York federal judge dismissed negligence claims brought against a pharmacy accused of negligently dispensing a defective generic pain patch, ruling that the pharmacy cannot be held liable because it filled the prescription as directed with an FDA-approved product. Winters v. Alza Corp., et al., No. 09-4510 (S.D. N.Y.).

On Feb. 9, Judge Naomi R. Buchwald of the U.S. District Court for the Southern District of New York then denied the plaintiff's motion for remand to state court, ruling that without the pharmacy as a defendant, diversity jurisdiction exists.

Jeffrey Winters, a New York resident, sued …