Design Defect Claims Against Watson Pharmaceuticals Not Preempted

CHICAGO — Design defect claims brought against Watson Pharmaceuticals Co. (NYSE: WPI) in connection with its generic fentanyl patch are not federally preempted because Watson could have used a different design that had already been approved by the Food and Drug Administration, an Illinois federal judge has ruled.

On Oct. 26, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois further ruled that the plaintiff has presented sufficient circumstantial evidence to allow an “inference of probability” that the patches were defective and caused her husband’s death.

William Acree began wearing fentanyl patches in May …