Ala. Federal Judge Dismisses Generic Cordarone Action, Says Claims Preempted, Inadequately Pled

BIRMINGHAM, Ala. — An Alabama federal judge has dismissed a generic Cordarone action, finding the plaintiff’s claims that Sandoz Inc. failed to provide her pharmacy with a Medication Guide are preempted by federal law and barred by the learned intermediary doctrine.

On Aug. 3, Judge L. Scott Coogler of the U.S. District Court for the Northern District of Alabama further held that the plaintiff failed to plead her “negligent marketing and sale” claim with the particularity required by Federal Rule of Procedure 9(b).

Barbara Tutwiler was prescribed Cordarone to treat her non-life-threatening atrial fibrillation. The prescription was filled with the …