Claims Against Generic Darvocet Maker Not Preempted, Ill. Appellate Court Rules

CHICAGO — Claims of negligence, fraud, design defect and consumer fraud act violations brought in connection with generic Darvocet are not preempted because the plaintiff is not alleging that the drug’s warnings should have been different; rather she asserts that the drug should not have been made available at all, an Illinois appeals court has ruled.

On March 27, a panel of the Illinois Appellate Court, 1st District, explained that federal law does not provide drug makers with a “safe harbor” to avoid liability for dangerous drugs. Having answered these questions, the appellate court has remanded the action to the …