Aventis to Assert Preemption Defense in Ketek Lawsuit

NASHVILLE, Tenn. - Defendants in a recently filed Ketek lawsuit have indicated they will fight allegations they failed to warn the plaintiff of liver injuries associated with the drug by asserting preemption and learned intermediary defenses against the claims. Hawkins v. Sanofi-Aventis U.S. Inc., et al., No. 06-1146 (M.D. Tenn.).

The defenses were outlined in a Jan. 23 Case Management Order filed in the U.S. District Court for the Middle District of Tennessee, where plaintiff Kim Hawkins has sued Aventis Pharmaceuticals for injuries she allegedly sustained after ingesting Ketek.

Hawkins alleges that Aventis failed to disclose the dangerous side effects …