Design Defect Claim that Parallels Misbranding Statute Not Preempted, Ill. Judge Rules in Generic Yaz Case

BENTON, Ill. — A claim for strict products liability - design defect is not preempted to the extent that it parallels the federal misbranding statute, an Illinois federal judge has ruled, denying Teva Pharmaceuticals USA’s motion for judgment in a generic Yaz case.

On April 23, Chief Judge David R. Herndon of the U.S. District Court for the Southern District of New York explained that the plaintiff has adequately alleged the existence of scientific evidence concerning the drug’s allegedly dangerous design that was not available to the FDA at the time it was approved.

Gail Gannon sued Bayer Healthcare Pharmaceuticals …