Fentanyl Patch is ‘Drug,’ not ‘Medical Device,’ Mich. Federal Judge Rules, Dismissing Suit

DETROIT — Product liability claims brought against Mylan Pharmaceuticals Inc. (NASDAQ: MYL) in connection with its fentanyl patch are barred by Michigan law because the patch and all of its components are considered a “drug” approved by the Food and Drug Administration, a Michigan federal judge has ruled.

On Oct. 24, Judge Paul D. Borman of the U.S. District Court for the Eastern District of Michigan rejected the plaintiff’s assertion that the patch’s adhesive layers should be considered a “medical device” for product liability purposes.

Beth Ann Miller sued Mylan Inc., Mylan Pharmaceuticals Inc. and Mylan Technologies Inc., alleging …