Ohio Magistrate Judge Recommends Dismissal of Lawsuit Against Makers of Dilantin, Generic Equivalent

CINCINNATI — An Ohio federal magistrate judge has recommended dismissal of a pro se plaintiff’s failure-to-warn claims brought against the maker of generic Dilantin, finding they are federally preempted pursuant to PLIVA Inc. v. Mensing because it was impossible for the drug maker to enhance the approved brand-name label.

In a June 4 report and recommendation, Magistrate Judge Elizabeth P. Deavers of the U.S. District Court for the Southern District of Ohio further found that the claims brought against the makers of Dilantin fail under Ohio law because the plaintiff conceded that he never ingested the brand-name drug.

Benjamin Hendricks, …