Georgia Judge Dismisses Claims Against Generic Dilantin Maker

STATESBORO, Ga. - Failure-to-warn claims brought against the maker of generic Dilantin in a wrongful death case are preempted pursuant to Pliva v. Mensing because they are based on the warnings contained in the drug's FDA-approved label, a Georgia federal judge has ruled. Coney v. Mylan Pharmaceuticals Inc., et al., No. 6:11-35 (S.D. Ga.).

On Jan. 19, Judge Avant Edenfield of the U.S. District Court for the Southern District of Georgia also dismissed the claims of negligence and fraudulent concealment, ruling that they were inadequately pleaded and preempted.

In November 2007, Bertha Coney was hospitalized for treatment of seizures associated …