Warning, Design Defect Claims Preempted in Allopurinol Action, Ill. Federal Judge Rules

CHICAGO — An Illinois federal judge has dismissed claims asserted against Qualitest Pharmaceutical Inc. in connection with its generic gout medication, ruling that federal law preempts the plaintiff’s failure-to-warn and design defect claims.

In an April 20 order, Judge Jorge L. Alonso explained that it would be impossible for Qualitest to change the design or labeling of its generic drug while complying with federal regulations.

In 2011, Michael Houston took Allopurinol, a generic drug manufactured by Qualitest, for treatment of gout. After taking the medication as prescribed, Houston developed Stevens-Johnson Syndrome, a serious disorder that produces severe skin rashes and …