Claims Against Generic Prozac Maker Preempted, Tenn. Federal Judge Rules

KNOXVILLE, Tenn. — Failure-to-warn and negligence claims brought against the maker of generic Prozac in a birth defect case are federally preempted because they seek to impose a duty on the generic drug maker to unilaterally change the drug’s label, a Tennessee federal judge has ruled.

On Sept. 20, Chief Judge Thomas Varlan of the U.S. District Court for the Eastern District of Tennessee also dismissed the plaintiff’s loss of filial consortium claim, explaining that Tennessee does not recognize such a claim.

Leanne Parris was prescribed the generic version of Prozac (fluoxetine), by her treating physician while she was pregnant. …