Judge Allows Claims Against Pfizer to Proceed in Dilantin Case; Dismisses Generic Manufacturer

Dilantin

ATLANTA — Claims of failure to warn, defective design and negligence may proceed against Pfizer Inc. (NYSE: PFE) in a Dilantin injury case, a Georgia federal judge has ruled, finding they are not preempted by federal law.

However, in the Dec. 18 order, Senior District Judge Marvin H. Shoob of the U.S. District Court for the Northern District of Atlanta dismissed with prejudice the failure-to-warn and failure-to-withdraw claims against Mylan Inc. (NASDAQ: MYL), finding they are federally preempted pursuant to PLIVA Inc. v. Mensing.

Johnnie May Frazier alleged her late husband George’s ingestion of Dilantin (phenytoin) caused him to …