Judge Awards Summary Judgment to Wyeth on Preemption Argument

SHERMAN, Texas - A federal judge has adopted a recommendation to award partial summary judgment to a drug manufacturer that argued preemption should apply in pharmaceutical failure-to-warn cases. Ackermann v. Wyeth Pharmaceuticals, No. 05-84 (E.D. Texas).

Judge Michael H. Schneider of the U.S. District Court for the Eastern District of Texas awarded summary judgment to drug maker Wyeth on Dec. 6, agreeing with a magistrate's finding that negligence causes of action may be preempted where there is no evidence that a pharmaceutical manufacturer misleads the FDA or fails to disclose critical information about a risk associated with a particular drug.