Judge Refuses to Dismiss Claims Against Mylan Bertek

MINNEAPOLIS - A plaintiff who says she was injured after taking generic Dilantin has sufficiently pleaded fraud, gross negligence and breach of warranty claims against Mylan Bertek Pharmaceuticals Inc., a Minnesota federal judge has ruled. Gainer v. Mylan Bertek Pharmaceuticals Inc., et al., No. 09-690 (D. Minn.).

On June 15, Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota denied the drug maker's motion to dismiss the claims, ruling that they were pled with sufficient particularity. The judge did, however, order the plaintiff's counsel to pay $1,380 in attorney's fees for failing to oppose the …