Beovu Action Survives Novartis’ Dismissal Motion in Va. Federal Court

RICHMOND, Va. — A Virginia federal judge has refused to dismiss a lawsuit targeting Novartis Pharmaceutical Corp.’s eye disease drug Beovu, ruling the claims are not impliedly preempted because they are not based solely upon misrepresentations made to the Food and Drug Administration.

In a June 30 order, Judge David J. Novak of the U.S. District Court for the Eastern District of Virginia explained that the complaint centers on the alleged misrepresentations Novartis made to the plaintiff and her doctor due to its failure to update its label.

In addition, at this stage in the case the plaintiff showed that …