Watson Pharmaceuticals Denied Summary Judgment in Texas Arsenic Poisoning Case

HOUSTON — A Texas federal judge has denied Watson Pharmaceuticals Inc. summary judgment in a gelatin capsule arsenic poisoning case, ruling a question of fact exists as to whether Watson’s product caused the plaintiff’s alleged illness.

On April 17, Judge Gray H. Miller of the U.S. District Court for the Southern District of Texas further ruled that the plaintiff’s failure-to-monitor claim is not federally preempted.

Bailey Silverman was prescribed Taztia XT, a blood pressure medication manufactured by Watson using gelatin capsules made by Capsugel Inc. Silverman sued Watson and Capsugel, alleging she contracted arsenic poisoning from elevated levels of arsenic …