Calif. Judge Remands Levaquin Injury Case, Says Nondiverse Distributor Defendant Can be Held Liable

SAN FRANCISCO — A California federal judge has remanded a Levaquin injury case, ruling that the nondiverse distributor defendant McKesson Corp. could be held liable for the plaintiff’s injuries because “entities in the vertical chain of distribution can be held liable for defective products.”

In a Nov. 30 order, Judge Richard Seeborg of the U.S. District Court for the Northern District of California further held that the question of preemption cannot be considered on a motion to remand.

In May 2009, James Zachman took Levaquin, a broad-spectrum fluoroquinolone antibiotic used to treat lung, sinus, skin, and urinary tract infections. He …