Ill. Federal Judge Agrees to Re-Analyze Off-Label Promotion Claim in Generic Cordarone Action

CHICAGO — An Illinois federal judge has granted in part Sandoz Inc.’s motion to reconsider his previous ruling in an amiodarone wrongful death case, ruling that the plaintiff’s off-label promotion claim should have been analyzed as a claim for fraudulent misrepresentation, rather than a claim for negligence.

However, in the Aug. 1 order, Judge Robert W. Gettleman of the US District Court for the Northern District of Illinois said he correctly held that plaintiff’s failure-to-warn claims are not preempted by federal law, but rather allege violations of federal law that parallel state law regulations.

Fernando Hernandez filed a wrongful death …