Claims Against Generic Drug Maker Preempted, Federal Judge Rules

BALTIMORE - Failure-to-warn claims brought against the manufacturer of generic Zyloprim are preempted pursuant to Pliva v. Mensing because the plaintiff failed to suggest an alternative method of communicating enhanced warnings that is "consistent with" the generic drug's approved labeling, a Maryland federal judge has ruled. Grinage v. Mylan Pharmaceuticals Inc., No. 11-1436 (D. Md.).

On Dec. 30, Judge Catherine C. Blake of the U.S. District Court for the District of Maryland further ruled that plaintiff's design defect and fraud claims were not pleaded with the requisite particularity and must be dismissed.

In January 2008, Aaron Grinage was prescribed Allopurinol …