Judge Rejects Novartis Preemption Argument in Pharmaceutical Injury Case

LEXINGTON, Ky. - A federal judge has ruled that state laws requiring manufacturers to provide additional warnings on their pharmaceutical products do not conflict with federal regulations where the FDA had not made a conclusive finding with regard to health risks posed by the drug in question. Weiss v. Fujisawa Pharmaceutical Co., et al., No. 05-527 (E.D. Ky.).

Judge Joseph M. Hood of the U.S. District Court for the Eastern District of Kentucky reached the decision Nov. 28, denying Novartis Pharmaceutical Corp.'s motion to dismiss a case filed by Philip Weiss, who alleges that he developed lymphoma after using Novartis' …