Plaintiff Alleging Injury by Generic Drug Urges Ill. Judge to Reinstate Claims Against Qualitest

CHICAGO — A pro se plaintiff is urging an Illinois federal judge to reconsider dismissal of his claims asserted against Qualitest Pharmaceutical Inc. in connection with its generic gout medication, arguing that the drug maker knew the drug was unreasonably dangerous or defective and failed to update its label to match that of the brand name manufacturer.

In a May 4 motion filed in the U.S. District Court for the Northern District of Illinois, the plaintiff further argued that his fraud and warranty claims fall outside the scope of Mensing.

In 2011, Michael Houston took Qualitest’s allopurinol to treat his …