Redux Negligence Claims are Not Preempted, 6th Circuit Rules

CINCINNATI - Claims that Wyeth negligently failed to exercise reasonable care in the process leading up to placing Redux on the market are not preempted by federal law, the 6th Circuit U.S. Court of Appeals has ruled, reversing in part an Ohio federal court ruling. Wimbush v. Wyeth, No. 09-3380 (6th Cir.).

The appellate court ruled that it was not "physically impossible" for the drug maker to comply with its state law duty to exercise reasonable care while at the same time complying with the federal government's process for approving drugs.

Ramona Longs sued Wyeth on behalf of decedent Mary …