6th Cir. Affirms Dismissal of Claims Against Generic, Brand Name Manufacturers in Darvon/Darvocet MDL

CINCINNATI — A federal appeals court has affirmed dismissal of state law claims brought against the makers of generic propoxyphene drugs in 68 cases, finding they are federally preempted or otherwise inadequately pled.

In the June 27 opinion, the 6th Circuit U.S. Court of Appeals also upheld dismissal of misrepresentation claims asserted against the manufacturers of Darvon and Darvocet in all but one of the cases due to lack of product identification. However, the court reversed dismissal in one of the cases, finding the plaintiff adequately pled that her late husband used a drug manufactured by Eli Lilly & Co.