Ga. Federal Judge Dismisses Opioid Death Case, Says Claims Inadequately Pled, Preempted

MACON, Ga. — A Georgia federal judge has dismissed a lawsuit alleging that the aggressive marketing activities of two opioid makers led to a woman’s death, ruling that the plaintiff failed to adequately plead her negligent manufacturing and fraud claims.

In a Feb. 11 order, Judge Tillman E. Self III of the U.S. District Court for the Middle District of Georgia further held that the plaintiff’s failure-to-warn claim is preempted because it would require the generic drug makers to change their FDA-approved labels in contravention of federal law.

On April 20, 2016, Tracy Edge, died from “morphine and amitriptyline toxicity” …